Gable Tostee breathed an audible sigh of relief and slapped his hands on his thighs as he was found not guilty of murdering Warriena Wright, the woman who fell to her death from the 14th floor of a Surfers Paradise apartment building in August 2014.
The 30-year-old was also cleared of manslaughter in relation to the New Zealand tourist by a 12-person jury this afternoon in the Brisbane Supreme Court.
Before dismissing the jury, who deliberated for four days over their decision, presiding judge Justice John Byrne chided one member’s “disappointing” decision to post a series of Instagram photos with captions such as “snagged a nasty one which is a bit full on” and “fingers crossed this is the last day of jury duty,” The Courier Mail reports.
Totsee’s lawyer gave a brief statement to the media as he left the courtroom, saying he was relieved over the decision.
“He is looking forward to moving on with his life. He thanks the people who have supported him through this and realised how tragic this has been for many people,” lawyer Nick Dore told reporters.
“At this stage he is looking forward to putting it behind him and considering his future from here.”
Totsee and Wright met on Tinder nearly two years ago and were on a date when an altercation occurred in Tostee’s apartment, which resulted in the 26-year-old woman plummeting to her death.
Audio recorded by Tostee on the night appeared to show the pair fighting and captured Wright’s terrified screams as Tostee allegedly refused to let her go home.
The court was told he locked her on his balcony, before she fell while trying to climb to the balcony below.
The prosecution has not suggested Tostee pushed or threw Ms Wright off the balcony, but argued that by locking her outside and intimidating her she felt her only means of escape was climbing down.
Prosecutor Glen Cash also alleged Tostee choked Ms Wright after she threw a decorative rock at him and attempted to hit him with a telescope.
Defence barrister Saul Holt QC countered the claim, arguing Tostee was within his legal right to protect himself and his property by restraining her.
“She is outside, he is inside and he has caused a locked door to be between the two of them,” Mr Holt told the court. “What happened in this case is nothing like murder or manslaughter, it doesn’t fit.”
Members of Wright’s family, who were in court, cried as the decision was read.
Queensland Homicide Victims Support Group spokeswoman Deb Taylor read a statement on their behalf outside court this afternoon.
“This has been an incredibly traumatic situation for everyone involved in the case, let alone the families who have been impacted by this,” she said.
“As you may appreciative, Warriena Wright’s family are still coming to terms with the loss of their daughter and their sister, as well as enduring the anguish of being present here for this trial these last two weeks.
“They’ve been quite overwhelmed by the media which has added another layer of stress to the trauma that they’ve already been experiencing.”
Taylor thanked police and the Director of Public Prosecutions for their “incredibly had work,” and called for the media to respect their privacy, “so they have an opportunity to pull the pieces of their own life back together again and have the space to grieve in their own way and in peace”.
Top Comments
Personally from the information I read re their audio I thought he was innocent too, but I wasn't in the court room to hear everything, but based on what I did read I'm glad he was acquitted.
What did the juror do? Did she just say on Instagram that she was on the jury? Or was it more than that? Not saying she should be instagramminh about this but I'm just wondering whether it was a passing mention or lots of chatter from her.
He should never have been charged in the first place. What a waste of taxpayer money.