Warriena Tagpuno Wright (26) allegedly fell from Gable Tostee's balcony and he is on trial for her death

[death2me]

Judge has now told the jury that if it was irrational or unreasonable for her to climb over the rail, Mr Tostee is not responsible for her death.

[Seren]

Of course it was irrational, but in an extremely inebriated state, having just had someone threaten to throw her off said balcony, then putting her out there, she might have felt that was her only chance of escape.

[death2me]

Of course it was irrational, but in an extremely inebriated state, having just had someone threaten to throw her off said balcony, then putting her out there, she might have felt that was her only chance of escape.

As stated previously, it must be judged on the mind of a rational, sane, sober person.

[songbirdsong]

I'm so stupidified. I haven't felt this way since Jodis thread.

So confused over what everybody is fighting about.

I believe the problem can be summed up as follows: You don't read no YOU don't read yeah well you don't understand the law no YOU don't understand the law and you're stupid no YOU'RE stupid.

[animosity]

Fuckfully, the mittens argument has been throw aside. I can't believe I finally posted on that Facebook page. Why do that to myself?

[Olivia]

He's going to get off. I feel bad for her family but I do look forward to him making a fool of himself.

[death2me]

Jury is now deliberating.

[blighted star]

great post here, courtesy of a legal eagle "JCB" currently posting on Websleuths

Oh dear. Those who know me on WS know that while I've often assumed a role of what some might call a Devil's Advocate, I always try to present my reasoning in a fair and balanced manner with the utmost respect paid to the deceased.

Now that I've said that, this was without a doubt the WORST closing argument I have EVER seen or heard from a Crown Prosecutor.

Cash QC has urged to the jury to convict on the charge of murder while admitting it was not the Crown's contention that Gable intended to cause Warriena any harm when locking her on the balcony. Furthermore, the choking allegation is being vigorously pursued despite the only medical professional to give evidence on the possibility stating that even if a forearm choke was utilised, it would be unlikely/uncommon for there not to be evidence of muscular trauma. This of course means there must be some possibility but we must remember that the Crown must prove beyond a reasonable doubt that Gable intended to inflict GBH or worse on Warriena for the murder charge to be proved. It simply cannot be proved to the requisite standard when by the Crown's own witness submission, what they are alleging to have occurred was not likely to have occurred at all. The murder charge absolutely must fail and it was an enormous tactical error to pursue it on completion of the Crown case.

As for manslaughter, he failed to address why Warriena did not explore any other option before making the fatal decision to try to descend. The defence is going to ask why she didn't ask the witness who spoke to her for assistance and why she didn't simply remain put as by the Crown's own admission, there was no imminent threat to her at that point. As the defence has the benefit of addressing the jury last, the Crown cannot rebut any argument put forward by the defence and should have preempted this line of closing. They did not and I have no idea why they did not.

The Crown's closing did most of the work for the defence, murder is now totally off the table and they are basically free to concentrate on the lesser charge of manslaughter, although obviously they will be at great pains to ram home why they cannot possibly find Gable guilty of murder.

I'm genuinely shocked, that was as poor a display as I've seen from an experienced prosecutor. Granted, he didn't have a stellar indictment handed to him but it was almost as though he has admitted defeat.

I feel for Warriena and her family, while I personally don't think Gable is guilty of either offence, IMO they certainly deserved better advocacy on their behalf.

Hmm. I believe that back at the start I may have expressed surprise at QLD police prosecuting a case against a white Australian for the murder of a young Maori woman. Even though Australians tend consider Maori's to be "better" than Aboriginal people, it still surprised me that they prosecuted at all, let alone that they were going so hard.



Now I'm wondering if it was all to make the NZ govt think they gave a shit because Australia has a long history of prosecuting white men just for "appearances sake" & then deliberately throwing the case.


In this instance, considering it seems there was no "secret evidence" they withheld from the public, it makes no sense at all to charge him murder. They could've gone with a lesser charge & focused on him supplying her with the home made alcohol that made her drunk enough to think she could scale a multistorey apartment complex. It's pretty suspect that they've avoided mentioning the one thing they could prove he was 100% culpable for.

[animosity]

I admit I haven't been following the trial, but is it true they didn't test her for roofies or other drugs or that it wasn't admitted into evidence? Or was it just not there?

[Boston Babe 73]

Hmm. I believe that back at the start I may have expressed surprise at QLD police prosecuting a case against a white Australian for the murder of a young Maori woman. Even though Australians tend consider Maori's to be "better" than Aboriginal people, it still surprised me that they prosecuted at all, let alone that they were going so hard.



Now I'm wondering if it was all to make the NZ govt think they gave a shit because Australia has a long history of prosecuting white men just for "appearances sake" & then deliberately throwing the case.


In this instance, considering it seems there was no "secret evidence" they withheld from the public, it makes no sense at all to charge him murder. They could've gone with a lesser charge & focused on him supplying her with the home made alcohol that made her drunk enough to think she could scale a multistorey apartment complex. It's pretty suspect that they've avoided mentioning the one thing they could prove he was 100% culpable for.

Yeah, I'm with you here. They went big for a reason.

[death2me]

Hmm. I believe that back at the start I may have expressed surprise at QLD police prosecuting a case against a white Australian for the murder of a young Maori woman. Even though Australians tend consider Maori's to be "better" than Aboriginal people, it still surprised me that they prosecuted at all, let alone that they were going so hard.



Now I'm wondering if it was all to make the NZ govt think they gave a shit because Australia has a long history of prosecuting white men just for "appearances sake" & then deliberately throwing the case.


In this instance, considering it seems there was no "secret evidence" they withheld from the public, it makes no sense at all to charge him murder. They could've gone with a lesser charge & focused on him supplying her with the home made alcohol that made her drunk enough to think she could scale a multistorey apartment complex. It's pretty suspect that they've avoided mentioning the one thing they could prove he was 100% culpable for.

Ah yes, brilliant, the Queensland Police and the Department of Public Prosecutions are all massive racists just commencing willy nilly murder prosecutions to protect white folks from being convicted of other offences. Makes so much sense now.

[death2me]

Yeah, I'm with you here. They went big for a reason.

I guess the court was in on the conspiracy too right? After all they allowed the indictment.

[Boston Babe 73]

I guess the court was in on the conspiracy too right? After all they allowed the indictment.

Seriously? After seeing American politics, you can't fathom a government favoring one race over another? Really?

Now I know you're trolling big time.

[death2me]

Seriously? After seeing American politics, you can't fathom a government favoring one race over another? Really?

Now I know you're trolling big time.

I couldn't give a stuff about American politics. We are discussing events in Australia. I know many Yankees struggle to fathom a world outside of their own.

I can assure you that the police and DPP do not have the time and resources to protect some random white guy by putting on a sham murder trial.

[bowieluva]

They went big the same reason the US overreaches all the time. High profile case and public pressure. No secret nail in the coffin, in my opinion. They were overzealous about a weak, circumstantial case.

A side note, Australia is pretty notoriously one of the most racist countries so meh to trying to downplay that, bro. Still, I think that has nothing to do with anything in this case.

[Boston Babe 73]

I couldn't give a stuff about American politics. We are discussing events in Australia. I know many Yankees struggle to fathom a world outside of their own.

I can assure you that the police and DPP do not have the time and resources to protect some random white guy by putting on a sham murder trial.

Seriously. Australia has a rich history in racism. Just as rich as ours, if not moreso. I don't doubt it for one second that if the tables were turned here and Gable were Aboriginal and Warriena a White Gal that this would be treated completely differently.

[Olivia]

No verdict today. The jury asked the judge four questions and will return at 10am tomorrow.

[daisylane]

They went big the same reason the US overreaches all the time. High profile case and public pressure. No secret nail in the coffin, in my opinion. They were overzealous about a weak, circumstantial case.

A side note, Australia is pretty notoriously one of the most racist countries so meh to trying to downplay that, bro. Still, I think that has nothing to do with anything in this case.

Hear, hear!

[Olivia]

Apparently one of the four questions the jury asked was how old gable is?

[Olivia]

Jesus Christ. They are asking these questions only now?!??

The jury has sought clarification on Tostee’s age when Warriena Wright, 26, plunged to her death from his 14th storey Gold Coast apartment balcony, and also an answer as to what the long metal object was that Tostee was carrying when he exited his apartment lift in the wake of Ms Wright’s death.


Most tellingly, however, the jury also sought clarification as to whether Ms Wright’s state of mind at the time she fell was important, and if her intoxication was something they had to consider as to whether her decision to climb over the balcony balustrade was unreasonable and irrational.

Their final question was to seek clarification of the terms “causation”, “unlawfulness” and “intent”.

[coniferous]

Hmm. I believe that back at the start I may have expressed surprise at QLD police prosecuting a case against a white Australian for the murder of a young Maori woman. Even though Australians tend consider Maori's to be "better" than Aboriginal people, it still surprised me that they prosecuted at all, let alone that they were going so hard.

Now I'm wondering if it was all to make the NZ govt think they gave a shit because Australia has a long history of prosecuting white men just for "appearances sake" & then deliberately throwing the case.

In this instance, considering it seems there was no "secret evidence" they withheld from the public, it makes no sense at all to charge him murder. They could've gone with a lesser charge & focused on him supplying her with the home made alcohol that made her drunk enough to think she could scale a multistorey apartment complex. It's pretty suspect that they've avoided mentioning the one thing they could prove he was 100% culpable for.

Oh gawd, here we go again! As though police don't prosecute white people to the full extent! What utter garbage, if anything they over prosecute as this case shows. And why mention aboriginals? They have nothing to do with this case at all.

Its just another opportunity for you to inject the "oh poor Aboriginals we are such victims" wounded bird routine at every available opportunity into every thread you can laced with your imaginary and inventive conspiracy theories for added effect. It's ridiculous.

[coniferous]

Jesus Christ. They are asking these questions only now?!??

The jury has sought clarification on Tostee?s age when Warriena Wright, 26, plunged to her death from his 14th storey Gold Coast apartment balcony, and also an answer as to what the long metal object was that Tostee was carrying when he exited his apartment lift in the wake of Ms Wright?s death.


Most tellingly, however, the jury also sought clarification as to whether Ms Wright?s state of mind at the time she fell was important, and if her intoxication was something they had to consider as to whether her decision to climb over the balcony balustrade was unreasonable and irrational.

Their final question was to seek clarification of the terms ?causation?, ?unlawfulness? and ?intent?.

Lol they must have snoozed through trial. But aussies are kind of like that. Just look at the really important people in parliament. Clive Palmer, Tony Abbott, Derryn Hinch

[Stella Wills]

I smote you because you came here apparently knowing every fact of this case as if you were there, acting very condescending towards others, and not accepting/reading back in the thread where information was posted and asking people to provide said information to you. Anyone who takes up for Gable is an asshole. Even if he didn't kill her, he's still a terrible person.

I didn't publicly call you out, and I could have been nicer about it, but that's how I felt at the time. You said I had my facts wrong, a I disagree.

Anyways, this thread is about Warriena and Gable, not you.

You said "He ordered a damn pizza". Just because I corrected you on one detail, how does that apparently make me know every fact of this case? It doesn't. Grow up, that's the 3rd stupid thing you have said so far in our minimal interaction. You've been in this thread since it began 2 years ago and still you deliberately run the false line that this Tostee fellow ordered pizza as though he was at home dialling up casually just after someone died. Everyone knows now he bought one slice quickly in a shop counter quickly as he hadn't eaten for nearly 12 hours. Yeah you had your facts wrong alright, deliberately. Anyone who runs lies and slanders people falsely this way is an asshole. Piss off and dont interact with me anymore. I'll do likewise now I know you are a nutjob. Have a lice day.

[Boston Babe 73]

Frank? Is that you?

[bowieluva]

You said "He ordered a damn pizza". Just because I corrected you on one detail, how does that apparently make me know every fact of this case? It doesn't. Grow up, that's the 3rd stupid thing you have said so far in our minimal interaction. You've been in this thread since it began 2 years ago and still you deliberately run the false line that this Tostee fellow ordered pizza as though he was at home dialling up casually just after someone died. Everyone knows now he bought one slice quickly in a shop counter quickly as he hadn't eaten for nearly 12 hours. Yeah you had your facts wrong alright, deliberately. Anyone who runs lies and slanders people falsely this way is an asshole. Piss off and dont interact with me anymore. I'll do likewise now I know you are a nutjob. Have a lice day.

Have a lice day.

It is very weird how personally invested some of you are about this case.