That must be the single most flattering screenshot in the history of screenshots.
He looks sweaty.
Well at least he's not pretty anymore. So there's that.
Case Summary
Part 1
The acquittal of Tostee is not by any accident. Every criminal practitioner in Qld knew that this case has pretty well zero chance of succeeding based on the complete lack of evidence. The recording actually works in favour of the defence, not the prosecution. Such serious charges came far too quickly - too little detective work, and too much wishful thinking from the DPP.
Around Oct 2014 the full audio was available for download for some weeks (as it is now if you look around). . Listening to it proved to me it would acquit Tostee unequivocally. Plus the fact the police had no evidence other than the recording, this stuck out like a sore thumb throughout the whole saga.
Despite all the sensationally immoral headlines such as "Tinder killer throws date off balcony and orders pizza", the sequence of events in this incident are much more mundane and ubiquitous than that.
- NZ tourist and Australian guy make contact via Tinder
- he texts her "I am a pornstar after 3 drinks" she replies "great"
- she meets him at 9 pm , and is in his apartment within 8 mins
- they have sex
- after midnight she starts acting erratic, so he starts an audio recording at 12:40 am for protection.
- her behaviour gets progressively worse. She continually hits him, he has fresh wounds as forensic exam shows.
- she throws rocks at him.
- at 2:13 am Tostee has had enough , restrains her and tells her she has to leave.
- Wright acts compliant and says "ok its all good", but when they get up she grabs a metal clamp and tries to hit him with it.
- he is forced to restrain her again and force her to drop the object.
- she holds on to the object for almost 2 minutes despite being restrained. She has a lot of fight and defiance in her, contrary to the "she was so drunkenly helpless" argument we hear.
- During this episode she makes gargling sounds. It was suggested that he choked her, but pathology results disproved this.
- Tostee now realises he has a deranged person on his hands.
- He admonishes her verbally, but instead of leaving the apartment there, she continues her violent behaviour.
- They somehow progress from the living room out to the balcony.
- Some type of altercation occurs on the balcony, furniture is being moved about , this is what attracts the neighbour's attention.
- after admonishing her verbally again , and struggling for nearly a minute, Tostee gives up and retires back inside, closing the balcony door behind him, in an attempt to de-escalate the situation via separation.
- within 12 seconds of that door latch clicking closed, she was strong enough to scale the railing, and hang off the building long enough to be told by the neighbour downstairs to go back. Again, contrary to the whole "she was so drunkenly helpless" argument.
- at 2:21am her final scream is heard and Wright falls , exactly 12 secs after the balcony door closed.
All of this is evident on the recording.
The recording does not establish the proofs for the offence of murder - namely that there was an intent to cause her harm.
The recording does not establish the proofs for the offence of manslaughter - namely that there was an action that caused her to fall to her death.
The default argument of those who still believe Tostee should be convicted of murder is that
- he owed her a duty of care to restrict her alcohol intake,
- he should not have used any force and called police,
- locking her on the balcony is imprisonment.
- he should have been able to physically subdue her and push her out the front door.
None of these arguments are valid for the following reasons
- Wright was an adult responsible for her own actions, including the consumption of alcohol. Tostee owed her no legal duty of care as though he was somehow in charge of her well being.
- if assaulted or your property is being damaged, anyone has the right to prevent that using reasonable force. Calling police is optional
- detaining someone when they act violently in a 20sq metre area for 12 secs, 1 minute, or even 5 minutes, does not amount to imprisonment. The proofs for that offence were not satisfied
Another falsehood was the claim that Tostee was a muscular bodybuilder. He was nothign fo the sort, all he did was tone his arms and chest a little. It is interesting to note how females give opinions on how a man should handle themselves in a fight with a woman, yet fighting is something 99% of women have no knowledge of. If you dont have an aggressive attitude and a knowledge of arm locking techniques, it isn't a straightforward matter to remove a female without harming them. Remember police undergo training to deal with these very situations. Plenty of drunken women have caused damage to bouncers who handled them with kid gloves. Clearly this is what Tostee was doing with her. He is obviously from that school that still thinks you treat women like ladies, not men. Another thing that people dont understand is , that tall people are usually non violent, as they are not usually the target of bullies, and thus have no need to learn to fight or be aggressive. Expecting someone like that to take control and bundle up a violent female is asking a bit much.
All these things are understood by practitioners of criminal law. The jury struggled to work all this out over 3 days.
This was a tenuous case from the start. The first strong indication of this was when Tostee was granted bail. The burden is on the accused to show why bail should be granted. There must be exceptional circumstances for a person accused of murder to be released on bail. Inadequacies in a weak Crown case is a common reason. Very few accused murderers ever get bail, mainly because the evidence is usually strong when such serious charges are being brought. Here bail was granted because the charges were very weak.
The second indication was when the defence elected for a no contest pre committal. Most commonly it is when there is a belief that the Crown case is either
- very strong and it would ultimately proceed to trial irrespective any any argument the defence put up, or
- if the Crown case is seen to be deficient in some manner and that is intended to be exploited strategically.
Proceeding straight to trial was a sign of confidence on the part of the defence team to exploit a weak Crown case.
The 3rd strongest indication was the line of questions from the jury once they had begun deliberating. At a guess, most jurors after hearing the evidence would be ready to acquit, with a small number of jurors, perhaps even only one, that were hanging onto the flimsiest pretext of holding out for a conviction. The nature of the questions indicated that the majority had already favoured a finding of not guilty very early on. The questions were outside of the directions the judge gave, indicating the juror/s holding out were making desperate attempts to find a reason not to be swayed. The same points argued in online forums are the same points that would have been argued during deliberation. It's likely that the convict/acquit camps s of the jury were drawn primarily down gender lines.
Murder was impossible to convict upon. Manslaughter hinges on cause, rather than intent. Did he cause her death? The men will likely take a factual, chronological approach where he de-escalated and separated, and after that, there is some onus on her to act reasonably, and he couldn't possibly have predicted that she would go over the railing.
The women will likely take a more emotional approach, whereby she was in fear, and his words and threats literally forced her over the railing. My guess is the question regarding if words can be construed as force most likely coming from a female juror/s refusing to acquit at that stage. Given that the judge said words are not force in the context of the offence, that undoubtedly strengthened the side that believed he didn't push her physically or by threats. Hence the final dissenting juror/s had to fall in line with the majority to achieve the required 12/12 unanimous verdict.
To the people who cannot accept the verdict, it is absolutely of no assistance in achieving a fair result, to start thinking way before the trial the accused is guilty, and then seek to justify that belief by fueling it with contrived media headlines with communal prejudice and mass hatred often freely shared in online forums. That will inevitably lead to the very disappointment females are obviously now experiencing who have invested considerable emotion in this trial. The real world of criminal justice just does not work that way. Understand three important tenets of our justice system
- Tenet 1: Every person is innocent until proven guilty.
- Tenet 2: That proof must be beyond reasonable doubt and based on admissible evidence given at the trial.
- Tenet 3: If that evidence does reach the level of proof required, there must be a verdict of "Guilty." Otherwise "Not Guilty".
To those who are claiming that the system is broken because Tostee was found not guilty, the claim is made in ignorance of these important three tenets.
Part 2
I believe the DPP had no expectation they would win after the pre committal hearing. So then why were these flimsy unsubstantiated charges brought? The most likely theory is that the prosecution was under pressure to to seen to bring a scapegoat to trial to appease the public. They had a lot of circumstantial evidence they tried to get admitted, but was excluded in pre-trial argument due. The sorts of fabricated "evidence" might be the Crown's interpretation of what was happening during the audio, online posts, etc. After that was all excluded, they pushed on regardless despite knowing it would never secure a conviction, but the trial might placate public outrage created from the media's defamatory and otherwise untruthful reporting of this case.
There are some serious questions that need to be asked now, about whey this trial was ever allowed to happen, and waste the court's time, as well as taxpayers money, and to turn an innocent man's life upside down.
So what happens now?
1. The verdict is final and not appellable as a jury acquittal is absolute. The case cannot be re tried unless compelling new evidence is presented, and that seems impossible as it would have to contradict the recording.
2. The coroner will now mark the death certificate "accidental death" and the case marked resolved in that jurisdiction. Talk of a coronial enquiry is absurd since it has all the information it requires to reach its conclusions.
3. Some people are speculating that Wright's family might mount a civil trial but this is unlikely. Civil courts are very reluctant to reach a finding contrary to one reached by a criminal court. Civil litigation is expensive and it's extremely unlikely that anyone would touch this case without at least a substantial deposit. In civil cases you need a high chance of success, and a respondent of sufficient worth to cover your legal costs plus the anticipated settlement amount. It may well be that those factors would easily exceed Tostee's net worth in view of his assumed current substantial legal bill..
4. In my opinion we have not heard the last of this case by a long chalk. Tostee is sitting on a gold-mine. He will be feted right now for media appearances/interviews, the Sunday night 60 Mins interview of 13 Nov 2016 being a prime example.
I also believe there is possibility for legal action to be taken against certain media outlets for defamation. One action against Ch 9 has already been lodged, but dropped because they were vying for his appearance on 60 Mins. My guess is they paid him a sum to drop the defamation, plus the possible amount claimed for the 60 Mins appearance.
I also think he has possible grounds to mount a civil lawsuit against Qld Police and/or the Office of Dept of Public Prosecutions for malicious prosecution, particularly in view of being falsely incarcerated for three months because of a transcript which appeared to be 'doctored' with errors and cherry picked items designed to make him look guilty in the eyes of a bail judge. One has to remember that the DPP tried to plea bargain for Tostee to accept manslaughter back in Nov 2014, so clearly they had no conviction in the murder charge way back then.
This discussion is over, except now for the ongoing bleating of predominantly women who are unable to comprehend the legal process and how it correctly arrives at its conclusions. Their media-fuelled prejudice, inability to be logical and fair-minded, and refusal to take any accountability of the wrong doings committed by Warriena Wright that fateful night, sees them continuing with their 2+ year campaign to vilify Tostee as the nearby male who simply must pay for the sins of a female. They concoct inventive fables they've cobbled together in their communal man-hating minds - the 'Gable Fables'. The trial aftermath has finally died down after one month although social media commentary is still somewhat active. Tostee' Facebook followers have increased from 700 pre trail to 2400 people currently. whats does that say?
Warriena Wright caused he own death, so decided the jury of 6 men and 6 women. Gable Tostee has done nothing wrong. One cannot be called a killer for leaving the scene of a death, or not calling an ambulance, or for eating food at 3 am in the morning. It is time for the misandry to stop and leave Gable Tostee alone.
*Yawn*
I stopped reading as soon as this asinine thing was said:
Another thing that people dont understand is , that tall people are usually non violent, as they are not usually the target of bullies, and thus have no need to learn to fight or be aggressive. Expecting someone like that to take control and bundle up a violent female is asking a bit much.
His girlfriend lives near me, how callous of him to move to New Zealand, when her family live here and are still grieving.
https://www.tvnz.co.nz/one-news/new-...iwi-girlfriend
Sorry, I'm on my cellphone so I can't copy/paste the full article.
THE Queensland state Coroner has reopened the investigation into the balcony death of Warriena Wright, who was found dead after a Tinder date with Gold Coast playboy Gable Tostee.
Mr Tostee was found not guilty of the murder and manslaughter of Ms Wright after a two-week trial in Brisbane Supreme Court in October.
After the verdict, police referred the case back to the coroner Terry Ryan who confirmed this week that his investigation had been reopened.
“The Coroner will be reviewing all the documentation before making a decision whether to hold an inquest,’’ a State Coroner’s Office spokesman told The Sunday Mail.
He said this would held until criminal proceedings are finalised.
Legal sources said a charge such as deprivation of liberty could still potentially be recommended by the coroner in the Tostee case.
Ms Wright plunged to her death in Augyst 2014 from the 14th floor of Mr Tostee’s 14th floor Surfers Paradise apartment after he locked the New Zealander on the balcony for acting hysterical.
http://www.news.com.au/national/quee...2be140c6e770b5
How does the Australian judicial system operate? They can retry as long as it's for a lesser charge?
Also just because this will all never die so I might as well keep it updated for posterity (and also because nobody except mods can reply )
He didn't move to NZ, he went there with his girl Lizzi Evans, who is also probably insane. She has clearly outed herself, I am not being a dick for posting her FB. They totally deserve each other for real. No two sociopaths have ever been so well matched https://www.facebook.com/liz.evans.7568?fref=ts.
They have since apparently broken up. He is back in Oz, she is apparently back in NZ. They have both been quiet on social media for about a week, which is a record. Here are some articles for anyone interested -
http://www.news.com.au/lifestyle/rel...72d5b2d725a014
http://www.news.com.au/lifestyle/rea...6a7222e4f66558
http://www.couriermail.com.au/news/q...39832080d8eed1
http://www.news.com.au/national/quee...e8f4a4aa427b3a
Last edited by Olivia; 12-18-2016 at 01:07 AM.
http://www.dailymail.co.uk/news/arti...-Day-post.html
Gable Tostee has posted a derogatory post on Facebook to mark International Women's Day.
Tostee, under his Facebook name Eric Thomas, posted: 'Happy International Women's Day to all ma hoes!!' last Thursday.
The post angered some social media users with one woman claiming she was going to screenshot the post and send it to Clementine Ford - an Australian feminist writer.
But Tostee was not fazed by the comment telling the woman, 'Go on send it to the c***'.
Along with the comment Gable Tostee used a screenshot of a post Clemetine Ford wrote on her Facebook page in November last year when she wrote: 'Gable Tostee is a piece of s***'.
In retaliation to a media outlet picking up the comment Tostee blasted Sunrise.
'The bitter feminists presenting this segment are just mad that no men would touch them with a 10 foot pole. As for the dude on the left, who'd he hand his testicles over to?' he wrote on Tuesday.
Tostee was cleared of killing Warriena Wright, 26, from New Zealand in October of last year.
Still going.
Gable Tostee became a household name for all the wrong reasons three years ago.
In August 2014, New Zealand tourist Warriena Wright, 26, plunged from the 14th-floor balcony of his Surfers Paradise apartment after the pair met on online dating app Tinder.
Seven months ago, Tostee was acquitted of Ms Wright's murder.
For the first time, the 31-year-old - now known as Eric Thomas - talks about life today, his dreams, family, social media and reaching out to Ms Wright's family.
On life now ... I've been living (at Palm Meadows) since the apocalypse. That's what I call it. I think it's appropriate because when that happened, everything changed.
I basically moved back in with my parents and I've been staying there since.
It's not too bad (living back at home) but it just makes me feel like a teenager again.
(I called it the apocalypse) from the moment I realised the girl I was with had just disappeared off the balcony and something serious had happened ... It's like something off a horror film or one of those Final Destination kind of moments.
It's still surreal. It's no less surreal. It's one of those things you can't really process. It's one of those things that's not supposed to happen.
On how he coped ... I always meant to study architecture formally but I figured being on bail was the perfect opportunity to actually put my head down and study. It's just about making the most of the situation, really.
http://www.nzherald.co.nz/nz/news/ar...ectid=11864377 - more here
I can pretty much guarantee that he will hook up with Schapelle Corby when she gets back home
So here's what our friend Tostee has allegedly been up to:
https://www.nzherald.co.nz/nz/gable-...XXLLFATUFH3EA/
Gable Tostee in fresh controversy seven years after balcony death
https://www.nzherald.co.nz/world/gab...DQO27RHLD46QM/Tostee, who now goes by the name Eric Thomas, is now involved in a dispute with high school drama teacher Sabrina Collins.
Collins told A Current Affair she went to police after receiving abusive text and voice messages from a female friend of Tostee, after they stopped seeing each other.
She said no action was taken by police, prompting her to make two YouTube videos featuring the abusive audio.
She said Tostee then sent her text messages suggesting she was "insane".
However, Tostee claims she has been the one stalking and harassing him and his friends.
Collins claims she saw Tostee on nine nights over four weekends after they met on the dating app.
"It's been like a nightmare and it's taken a year of my life," she said.
Gable Tostee found naked after car crash, refuses breath test
Tostee, now known as Eric Thomas, was naked when emergency services found him trapped in his car after a crash in October, a Brisbane court has been told.
Thomas pleaded guilty in Brisbane Magistrates Court today to failing to supply both a specimen of breath and blood after the crash last year.
A charge of driving under the influence of liquor was dismissed.
Yikes, I totally forgot about this one.
There are currently 3 users browsing this thread. (0 members and 3 guests)