David Eastman gets bail- conviction quashed and a retrial ordered.

David Eastman: The history of a legal saga spanning 25 years

Fri 22 Aug 2014, 3:16pm

David Eastman was arrested for murder in 1992.

Photo: David Eastman was arrested for murder in 1992. (ABC News)

David Harold Eastman is at the centre of one of Australia’s longest-running legal sagas.

He has served more than 19 years in jail for the 1989 murder of Australian Federal Police assistant commissioner Winchester in Canberra.

Today the ACT Supreme Court has quashed his conviction and ordered a retrial.

In May the Martin inquiry recommended Eastman’s murder conviction be quashed, primarily because of flaws in the forensic case developed by scientist Robert Collins Barnes.

Inquiry head Justice Brian Martin found Eastman did not receive a fair trial and there had been a substantial miscarriage of justice.

He said a retrial would not be feasible nor fair, but that the conviction should be quashed.

That was despite Justice Martin saying he personally thought Eastman was guilty.

A full bench of the Supreme Court, made up of three acting Judges appointed to sit on the ACT bench, Justice Steven Rares, Justice Michael Wigney and Acting Justice Dennis Cowdroy, spent a month considering the report after taking submissions from the ACT Director of Public Prosecutions and Eastman’s lawyers.

Eastman has lost numerous appeals

Eastman became a suspect for the murder of Mr Winchester the day after the killing.

David Eastman’s legal battle timeline

  • January 10, 1989 – AFP assistant commissioner Colin Winchester shot dead in his neighbour’s driveway
  • January 11, 1989 – David Harold Eastman becomes a suspect
  • August 1989 – Inquest into the death commences and ends with an open finding
  • November 1992 – Inquest reopens
  • December 24, 1992 – Eastman committed to stand trial for murder
  • May 16, 1995 – Eastman arraigned on one count of murder, trial begins
  • June 29, 1995 – Eastman’s bail revoked after a dispute with Justice Kenneth Carruthers
  • November 3, 1995 – Eastman found guilty of murder
  • November 10, 1995 – Eastman sentenced to life in prison
  • May 2000 – High Court challenges to overturn conviction dismissed
  • October 6, 2005 – Miles inquiry reports Eastman was fit to plead except for a short period – conviction stands
  • September 3, 2012 – Justice Shane Marshall orders inquiry into Eastman’s conviction
  • November 5, 2013 – Eastman inquiry begins
  • May 30, 2014 – Inquiry recommends Eastman’s conviction be quashed
  • August 22, 2014- ACT Supreme Court quashes Eastman’s conviction and orders retrial

Mr Winchester was shot as he got out of his car in his neighbour’s driveway at Deakin on January 10, 1989.

Detectives targeted Eastman who had threatened Mr Winchester after he refused to help him have an assault charge withdrawn.

Eastman believed if he was convicted for that crime it would thwart his bid to rejoin the public service.

Eastman was eventually convicted of killing Colin Winchester in 1995 and sentenced to life in jail.

He has long protested his innocence, through numerous appeals including in the High Court.

A major inquiry also considered Eastman’s fitness to plead at the original trial.

His court appearances were often fraught and unpredictable as he regularly sacked his legal team, including during the original trial.

In the end, Eastman’s murder conviction was secured by the forensic case which included key evidence linking Eastman’s car with the scene of the shooting.

Sentencing him in 1995, Justice Ken Carruthers said: “This investigation must surely rank as one of the most skilled, sophisticated and determined forensic investigations in the history of criminal investigation in Australia.”

But the recent inquiry turned that on its head.

The critical issue was that Mr Barnes had claimed gunshot residue in Eastman’s car was indistinguishable from that at the scene.

In the latest inquiry he was forced to concede that the evidence was misleading and the link between the scene and Eastman’s car was discredited.

From there the forensic case crumbled amid revelations there had been inadequate record-keeping and evidence had been destroyed.

The Martin Inquiry made other adverse findings about the prosecution and police not making disclosures to the defence.

The inquiry also considered fresh evidence in secret hearings about the possibility of Mafia involvement.

But in the end it was the forensic case which determined the outcome.

In his report, Justice Martin wrote: “The issue of guilt was determined on the basis of deeply flawed forensic evidence in circumstances where the applicant was denied procedural fairness in respect of a fundamental feature of the trial process concerned with disclosure by the prosecution of all relevant material.

“In addition, evidence of inadequacies and flaws in the case file and case work of the key forensic scientists were unknown to everyone involved in the investigation and trial.”

Justice Martin said he thought Eastman had probably committed the crime, but had not had a fair trial and his conviction should be quashed.

“In my view the substantial miscarriage of justice suffered by the applicant should not be allowed to stand uncorrected,” he wrote.

His findings gave a dramatic twist to one of the most significant legal battles in Australia’s history.

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Blanket suppression order on corruption case biggest in History

WikiLeaks court document: Website publishes details of suppression order granted in June

Julian Assange has been holed up in Ecuador's embassy in London since June, 2012.

Photo: Julian Assange has been holed up in Ecuador’s embassy in London since June, 2012. (AFP: Carl Court)

The WikiLeaks website has published details of a suppression order granted last month ordering Australian media not to publish any details of a case.

The order prevents publication of any information about the case, including the names of some international figures and some of their relatives.

Fairfax quotes WikiLeaks founder Julian Assange defending the publication of the secret order despite the legal implications.

Mr Assange has told Fairfax it is completely egregious to block the public’s right to know and suppress the media, especially in cases of international corruption involving politicians and subsidiaries of a public organisation.

He says WikiLeaks will work to protect Australians’ right to know even when the Government tries to block it.

Mr Assange has been holed up in Ecuador’s London embassy for more than two years, after fleeing there in June 2012 to avoid extradition to Sweden to face questioning over sexual assault allegations, which he denies.

He believes the allegations are politically motivated and linked to WikiLeaks’ release of thousands of classified US documents.

Mr Assange has not been formally charged with any offences, but Britain has made it clear he will be arrested if he tries to leave the embassy.

He says WikiLeaks does not support one group or political party but rather supports those who act in an open and transparent manner.


Australia bans reporting of multi-nation corruption case involving Malaysia, Indonesia and Vietnam

Today, 29 July 2014, WikiLeaks releases an unprecedented Australian censorship order concerning a multi-million dollar corruption case explicitly naming the current and past heads of state of Indonesia, Malaysia and Vietnam, their relatives and other senior officials.

The super-injunction invokes “national security” grounds to prevent reporting about the case, by anyone, in order to “prevent damage to Australia’s international relations”. The court-issued gag order follows the secret 19 June 2014 indictment of seven senior executives from subsidiaries of Australia’s central bank, the Reserve Bank of Australia (RBA).

The case concerns allegations of multi-million dollar inducements made by agents of the RBA subsidiaries Securency and Note Printing Australia in order to secure contracts for the supply of Australian-style polymer bank notes to the governments of Malaysia, Indonesia, Vietnam and other countries.

The suppression order lists 17 individuals, including “any current or former Prime Minister of Malaysia”, “Truong Tan San, currently President of Vietnam”, Susilo Bambang Yudhoyono (also known as SBY), currently President of Indonesia (since 2004)”, “Megawati Sukarnoputri (also known as Mega), a former President of Indonesia (2001–2004) and current leader of the PDI-P political party” and 14 other senior officials and relatives from those countries, who specifically may not be named in connection with the corruption investigation.

The document also specifically bans the publication of the order itself as well as an affidavit affirmed last month by Australia’s representative to ASEAN Gillian Bird, who has just been appointed as Australia’s Permanent Representative to the United Nations.

The gag order effectively blacks out the largest high-level corruption case in Australia and the region.

The last known blanket suppression order of this nature was granted in 1995 and concerned the joint US-Australian intelligence spying operation against the Chinese Embassy in Canberra.

WikiLeaks’ publisher Julian Assange said about the order:

“With this order, the worst in living memory, the Australian government is not just gagging the Australian press, it is blindfolding the Australian public. This is not simply a question of the Australian government failing to give this international corruption case the public scrutiny it is due. Foreign Minister Julie Bishop must explain why she is threatening every Australian with imprisonment in an attempt to cover up an embarrassing corruption scandal involving the Australian government.”

“The concept of ‘national security’ is not meant to serve as a blanket phrase to cover up serious corruption allegations involving government officials, in Australia or elsewhere. It is in the public interest for the press to be able to report on this case, which concerns the subsidiaries of the Australian central bank. Who is brokering our deals, and how are we brokering them as a nation? Corruption investigations and secret gag orders for ‘national security’ reasons are strange bedfellows. It is ironic that it took Tony Abbott to bring the worst of ‘Asian Values’ to Australia.”

Read the Australia-wide censorship order for corruption case involving Malaysia, Indonesia and Vietnam.

WA Police Commissioner’s son Russell O’Callaghan faced Fremantle Magistrates Court on a string of serious assault charges and threats to kill his former partner.

Well wont this be interesting, THE son of WA Police Commissioner in the shit after to cover-up fiasco over treasurer Buswell’s pissed crash scandal. This kid nearly blew himself up in a drug lab a while ago!

Russell O’Callaghan faces court on threat-to-kill charge against former partner

Russell O'Callaghan, the WA Police Commissioner’s son faced Fremantle Magistrates Court c

Russell O’Callaghan, the WA Police Commissioner’s son, faced Fremantle Magistrates Court on a string of serious assault charges, including threatening to kill his former partner.

THE son of WA Police Conmissioner Karl O’Callaghan has faced court on charges he threatened to kill his partner, while their five-year-old son was in the house.

Russell O’Callaghan, 33, appeared in Fremantle Magistrates Court on seven charges, including threatening to kill and deprivation of liberty.

The police prosecutor told the court Mr O’Callaghan is alleged to have held his partner captive in her Langford home for two and a half days, beginning on Sunday afternoon.

During that time he is alleged to have put metal scissors to her neck and threatened to kill her, grabbed her in a headlock and dragged her down the hallway, strangled her and punched her to the face and body.

It is alleged Mr O’Callaghan went to the woman’s house to stay on Friday night.

The couple got into an argument on Sunday and Mr O’Callaghan took the keys to the house, saying: “You’re not going anywhere, bitch. I’m not going anywhere.”

The court heard the doors to the house are always locked to prevent the couple’s autistic child from leaving.

At one stage Mr O’Callaghan is alleged to have pinned the woman to the floor.

When he allegedly held the scissors to the woman’s neck, he is alleged to have said: “I’m going to stab your f..king throat, bitch. I’m going to kill you. This is the end of your life, I am going to kill you.”

Police said Mr O’Callaghan left the house yesterday morning, and the woman ran to a neighbours and called police. Mr O’Callaghan was arrested yesterday afternoon.

In total, he has been charged with two counts of common assault, unlawful assault occasioning bodily harm in circumstances of aggravation, threatening to kill, depriving a person of their liberty and making a threat with an intent to hinder or prevent someone doing an act.

The police prosecutor opposed bail.

Mr O’Callaghan’s lawyer rejected the police bid to keep him in custody, saying he (Mr O’Callaghan) “utterly denied” making any threats to kill or assault his former partner.

“Until the credibility of the complainant can be tested it would not be fair to lock Mr O’Callaghan up for an extended period,” she said.

The court heard that in January 2011, his ex-partner took out a Violence Restraining Order against Mr O’Callaghan.

A few days after the order was in place he breached it by texting her, and just weeks before it was due to lapse he breached it again by meeting her, at her request.

The couple had since been seeing each other a few days a week prior to the incidents at the weekend, the court was told.

Mr O’Callaghan was remanded in custody until next Friday, to be assessed for home detention.

WA Police Commissioner’s son accused of assault and threats to kill

August 13, 2014
Police Commissioner Karl O'Callaghan comforts his son Russell during his stay in hospital after suffering injuries in a drug lab blast. Photo: Channel Ten.Police Commissioner Karl O’Callaghan comforts his son Russell during his stay in hospital after suffering injuries in a drug lab blast. Photo: Channel Ten.

A son of Police Commissioner Karl O’Callaghan has been charged with a string of serious offences including deprivation of liberty and making threats to kill against his former partner.

Russell Joseph O’Callaghan, 33, appeared in Fremantle Magistrates Court on Wednesday accused of seven charges, including unlawful assault occasioning bodily harm, making threats with intent and common assault with aggravation.

It will be alleged that O’Callaghan held his former partner against her will at her home between August 10 and 12.

He applied for bail but a decision on the application will be heard later on Wednesday.

The latest charges come after Russell O’Callaghan served eight months in jail for attempting to manufacture methamphetamines in 2011.

O’Callaghan suffered serious burns to his head, shoulders and arms when a clandestine drug laboratory exploded in the laundry of the Homeswest house in Carlisle in March 2011.

Four other people sustained burns in the explosion. Two children, aged three and four, escaped injury.

In September 2011, O’Callaghan was jailed for 16 months after pleading guilty to attempting to manufacture a prohibited drug, methamphetamine but served eight months before being granted parole.

Two other men were also charged with similar offences.

At the time, O’Callaghan’s defence lawyer Mark Andrews said his client’s role in the drug manufacture on that day had been “peripheral” and he had never been involved in cooking amphetamines before.

He said O’Callaghan had agreed to supply one packet of cold and flu tablets in return for 0.1g of methamphetamine, which has an approximate value of $100.

Comment has been sought from WA Police.

A spokeswoman for the Police Commissioner said he would not make public comment on the matter at this stage.

Gable Tostee-What happened to Warriena Tagpuno Wright?

There has to be so much more to this sad story folks…

Update 6th September 2014

Gold Coast balcony murder accused Gable Tostee’s ‘secret recordings’ revealed

ACCUSED Gold Coast killer playboy Gable Tostee allegedly choked Kiwi tourist Warriena Wright, threatened to throw the “psycho little bitch” off his balcony and told the terrified woman he would not let her leave because she had been “a bad girl

And within an hour of her plunging to her death from his 14th floor Surfers Paradise apartment, he casually ordered pizza.

Gable Tostee is accused of murdering Warriena Wright, who plunged to her death from the b

Gable Tostee is accused of murdering Warriena Wright, who plunged to her death from the balcony of his 14th-storey Gold Coast apartment.

The chilling new allegations are contained in a police affidavit ahead of Tostee’s Supreme Court bail hearing on Monday.

Tostee has been in custody since August 15 when he was charged with Ms Wright’s murder after meeting through dating app Tinder.

Warriena Wright, 26, photo posted by her mother on Facebook.

Warriena Wright, 26, photo posted by her mother on Facebook. Source: Supplied

His parents are offering to put up their house as surety to secure his freedom, but police are opposing bail, arguing the 28-year-old has “callous disregard for human life”.

They say he “taunted” Ms Wright, 26, as she struggled for air, rang his lawyer 38 seconds after she died and ordered a pizza within the hour.

In their objection to bail, police say they extracted a 3½-hour audio file – allegedly recording Ms Wright’s last hours – from a phone seized from Tostee’s father’s car.

Police say the recording is of a man and woman socialising before a struggle breaks out about 2.13am on August 8, the morning Ms Wright died.

In the hours before her death the recording captures Tostee describing Ms Wright as becoming more violent the more she drank and he repeatedly asks her to stop beating him up.

Gable Tostee, 28, has been denied bail. Picture: Facebook

Gable Tostee, 28, has been denied bail. Picture: Facebook Source: Supplied

“I should have never given you so much to drink. I thought that we were going to have fun?” a male voice is allegedly heard to say.

Just over 30 minutes later, the man is alleged to say: “That’s enough, you have worn out your welcome, you have to leave.”

When the out-of-breath woman says “it’s all good”, the man allegedly replies: “This is f—ing bullshit, you are lucky I haven’t chucked you off my balcony you god damn psycho little bitch.”

Extracts from the recordings police will use in their case against Gable Tostee.

Extracts from the recordings police will use in their case against Gable Tostee.

Police allege the man then tells the woman he is going to evict her without her belongings and threatens: “If you try and pull anything, I will knock you the f— out.”

The struggle then allegedly becomes more intense and the woman can be heard saying “I am so sorry” and the man replying “I don’t care”.

“The female is then heard to struggle for breath as if her airway was restricted and the male can be heard repeating ‘let go, let go of it’,’’ police state in the affidavit.

“The choking-type sounds by the female continue for approximately one minute before the sounds of the struggle intensify.

“There is a sound consistent with a door unlocking then sliding open. At this time, being 2.19am, the female begins screaming out “No, no, no”. The male then says: “You tried to kill me huh, well why did you try to hit me with that huh?

“Shut your filthy mouth. It is all on recording you know, it is all being recorded.’’

Police allege she continues to scream “no, no, no” and then “just let me go home”.

The man allegedly responds: “I would but you have been a bad girl.”

A sound police say was consistent with the door being slid shut can then be heard.

“Twenty-six seconds after identifying the sound of the door being shut, a fading scream can be heard,’’ police state.

Warriena Wright fell 14 floors to her death last month. Picture: Facebook

Warriena Wright fell 14 floors to her death last month. Picture: Facebook Source: Supplied

Police allege that instead of calling emergency services, Tostee tried to ring his lawyer but his call was not answered.

They allege a male can be heard saying “where are my keys, f—, f—, f—”. The recording allegedly captures the sound of him running and Tostee ringing his father Gray and saying: “There are cops all around my apartment. I am f—ed.”

Tostee allegedly fled the building before handing himself in to police later that day.

Police say witnesses in the Avalon building told them they heard a “very upset” woman screaming before seeing legs dangling over the balcony and a person falling.

Police say Tostee should not get bail as he has “a blatant disregard for human life ”.

Tostee, in his bail application, says he “strenuously” denies the murder charge .

Gable Tostee arrested

Gable Tostee is taken into custody shortly before being charged with murder last month. Source: News Corp Australia

update 17th August 2014

Gable Tostee assaulted Warriena Wright before she plunged to her death

‘‘NO, no, no … I just want to go home.

These were allegedly the last words of terrified Kiwi tourist Warriena “Rrie” Wright as she tried to flee Gold Coast playboy Gable Tostee.

The Sunday Mail has obtained exclusive details of the police case against Tostee, who faced court yesterday charged with murdering Ms Wright only hours after they met on controversial dating site Tinder.

DETAILS: Flawed hermit caught in fatal web of sex hook-ups

BALCONY PLUNGE: Victim’s last moments caught on tape

Police will allege Ms Wright, 26, had been assaulted, was “in fear of her life” and trying to escape when she plunged to her death from the balcony of Tostee’s 14th floor apartment in the Avalon tower last Friday week.

Audio recordings of her last moments, believed to have been extracted by police technical experts from mobile phones found in a car in the building’s basement were the breakthrough detectives needed to arrest Tostee on Friday after an intensive week-long investigation.

Police will be relying on High Court findings in other cases of people fleeing in fear and dying to make the murder charge stick.

They will allege Ms Wright and Tostee met in Cavill Mall about 9pm on August 7 after connecting on Tinder and went back to his apartment.

Witnesses told police they heard a man and woman arguing and the woman screaming “No, no, no” several times and “I just want to go home” just before she plummeted to her death.

Police will allege she was trying to climb to the balcony below to escape Tostee when she fell.

CCTV footage obtained by police allegedly shows Tostee in the building foyer soon after the tragedy.

Police will allege he hid behind a pillar as police surrounded Ms Wright’s body and can be seen pacing backwards and forwards.

He then allegedly got back into the lift, rode to the basement and left the building.

CCTV cameras allegedly recorded him carrying what appeared to be a phone. Police will allege they later found three mobile phones in a car in the Avalon basement.

Tostee, who has boasted online of bedding about 150 women, handed himself in to police the day after Ms Wright’s death but refused to be interviewed.

He was arrested on Friday morning at his parents’ Carrara home, the day after a brave public plea for information by Ms Wright’s younger sister Reza.

Tostee’s parents, Gray and Helene, were not at Southport Magistrates Court yesterday to support him.

He remained in the watchhouse cells after defence lawyer Mick Purcell, a former senior police prosecutor, said he did not require his client to be brought into the dock.

People charged with murder cannot apply for bail in the Magistrates Court and Tostee was formally remanded in custody until October 10.

Outside court, Mr Purcell said his client “maintains his innocence” and he would be seeking Supreme Court bail in the coming weeks. Despite the arrest, police are still appealing for information from the public – especially women who have had interactions with Tostee.

“We’re interested in hearing from anyone who may be able to provide further information,’’ police regional crime co-ordinator Detective Superintendent Dave Hutchinson said.

“This was a particularly tragic death which pulled at the heartstrings of the community and our appeals for public help have had a very positive response.’’

Supt Hutchinson said Ms Wright’s family were relieved at the early arrest and appreciative of the police efforts.

A team of more than 50 police including Gold Coast and Brisbane Homicide Squad detectives, as well as forensics experts, worked around the clock on the investigation.

It is believed Ms Wright’s body will be flown back to New Zealand this week for a funeral.

Police are continuing to comb Tostee’s apartment for further clues.


Police charge Gable Tostee with murder and allege Warriena Tagpuno Wright’s last moments caught on tape


ACCUSED balcony killer Gable Tostee will seek bail in the Supreme Court after being remanded in custody over the death of a young New Zealand tourist who plunged 14 floors to her death from a Gold Coast high rise last week.

Tostee was arrested and charged with murder on Friday, exactly a week after Warriena Tagpuno Wright fell to her death from the balcony of his luxury apartment at the Avalon tower in Surfers Paradise.

He was spared an appearance in Southport Magistrates Court today when his lawyer, former police prosecutor Mick Purcell, said he was not required in the dock.

Magistrate John Costanzo remanded Tostee in custody until October 10 and ordered police provide a brief of evidence by September 30.

Lawyer Mick Purcell, who is representing Gold Coast man Gable Tostee, addresses the media

Lawyer Mick Purcell, who is representing Gold Coast man Gable Tostee, addresses the media outside Southport Magistrates Court this morning. PIC: Luke Marsden. Source: News Corp Australia

Outside court, Mr Purcell said Tostee ‘maintains his innocence’.

“We look forward to receiving the brief of evidence so we can move on with the court process,” he said.

“I have instructions to make application for bail in the Supreme Court in the weeks to come.”

Ms Wright had been on a two-week Australian holiday and only met Tostee that night through social dating app Tinder.

Tostee’s parents, Gray and Helene, were not in court to support him.

Overnight it was reported: RECORDINGS retrieved by police allegedly linked Gold Coast playboy Gable Tostee to the murder of a New Zealand tourist who plunged 14 floors from his high-rise balcony.

Tostee was yesterday charged with murder, exactly a week after Warriena Tagpuno Wright fell to her death from the balcony of his luxury apartment at the Avalon tower in Surfers Paradise.

The 26-year-old had been on a two-week Australian holiday and only met Tostee that night through social dating app Tinder.

MURDER ACCUSED: Rise and fall of hermit caught up in fatal web

Tostee was arrested at his parents’ Carrara home and taken to Surfers Paradise police headquarters about 11am, before being taken to Southport Watchhouse where he was formally charged with murder.

Police will allege they have a compelling case against the 28-year-old, including the retrieval of recordings which detailed the interactions between the pair around the time of Ms Wright’s death.


Tostee had previously written on the forum page of a bodybuilding website describing his obsession with recordings.The self-confessed ladies’ man, who has boasted of bedding about 150 women, wrote on the forum that he had installed motion detector cameras in his old apartment and sometimes left his phone on record mode on nights out.

Tostee was first interviewed by police on Friday last week, but exercised his right to silence. He again gave police the silent treatment during an interview with detectives yesterday, but was charged nonetheless.

Defence lawyer Michael Purcell said Tostee, who has protested his innocence on social media, would contest the charges.

“He maintains his innocence and he will be defending the charges,” he said.

Tostee this week took to the same bodybuilding forum to protest his innocence.

Gable Tostee has been arrested following the daeth of Warriena Wright.

Gable Tostee has been arrested following the daeth of Warriena Wright. Source: News Corp Australia

“I’ve been advised not to go into details, but all I will say is that I absolutely did NOT cause this girl to fall and that I am devastated,” he wrote.Tostee will face Southport Magistrates Court this morning, but is unable to apply for bail until the case is adjourned to the Supreme Court in Brisbane.

His arrest followed an investigation involving 20 detectives, including officers from the state homicide squad, who worked around the clock trying to piece together exactly what happened on Tostee’s balcony that night.

Despite the arrest the Regional Crime Co-ordinator, Detective Superintendent Dave Hutchinson, said police still wanted to speak with anyone with any information which could help the investigation.

Last night, Ms Wright’s sister Reza, who on Thursday made a brave public plea for answers, visited the scene of the tragedy for the first time.

Accompanied by a friend, she lit a candle and cracked a beer in honour of the sister she described as the most important person in her life.

Warriena Tagpuno Wright fell to her death from the balcony of his luxury apartment at the

Warriena Tagpuno Wright fell to her death from the balcony of his luxury apartment at the Avalon tower in Surfers Paradise.. Source: Supplied

She is now preparing to take her sister home to New Zealand for a funeral.

MAJOR UPDATE  August 15, 2014 12:17PM

Gable Tostee, man at centre of investigations into Surfers Paradise highrise death plunge of Warriena Wright, charged with murder

 Gable Tostee

EXCLUSIVE: POLICE have charged Gold Coast man Gable Tostee with murder following investigations into a Surfers Paradise high-rise death plunge last week.

Police said Tostee was being processed at Surfers Paradise police station after being arrested at his parents home at Carrara.

He was taken into custody this morning and will be taken to the Southport Watch house just after 12.30pm.

His charges will be released later today.

The arrest comes a day after fatal plunge victim Warriena ‘Rrie’ Wright’s sister made a tearful plea to answers about what led to her death.

Rrie fell to her death from the 14th floor of Mr Tostee’s balcony in the Avalon Apartments building in Surfers Paradise last Friday about 2.20am.

Death-plunge playboy Gable Tostee spied on prospective conquests with clothes camera

 Warriena’s distraught sister arrives from New Zealand

GOLD Coast playboy Gable Tostee has told of attaching miniature spy cameras to his clothing while trying to pick up women.

He also told of using a tablet phone to access live feeds from the surveillance cameras set up inside his apartment.

The 28-year-old, who is at the centre of a police investigation into the balcony death of New Zealand tourist Warriena Tagpuno Wright, spent yesterday afternoon with his lawyer as police ­examined his apartment.

HIDDEN CAMERAS: Love rat had his apartment wired

TRAGEDY: Final hours of tragic high-rise victim

Ms Wright, 26, met Mr Tostee on dating app Tinder while in Queensland for a two-week holiday.

I spy with my little ... tiny ... spy camera. Gable Tostee has claimed online that he fit

I spy with my little … tiny … spy camera. Gable Tostee has claimed online that he fitted spy cameras to his clothes while he tried to pick up women.

She was seen drinking and laughing with him on his 14th-floor balcony on Thursday night and fell to her death in the early hours of the following morning.

Mr Tostee, a prolific contributor to website bodybuilding.com, has bragged about having had sex with 150 women.

He claims to have kept meticulous records of each, including through use of ­motion-detection cameras in his former apartment set up to capture the front entry and living-room areas.

“I also have mini spy cameras which I’ve used for fun when I’ve gone out and had a drunken night or something,” he wrote in 2012.

“I’d attach the spy camera to one side of my jeans pockets and an 3w IR (infra-red) light for night vision to the other pocket, battery in another pocket.”

Death fall man ‘recorded everything’


Mr Tostee said he originally set up cameras inside his home after having his keys stolen. The cameras once caught a woman apparently stealing his wallet on her way out.

“I use the program iSpy for motion detection and have a six-second timelapse on constantly which records everything to my PC,” he wrote.

In other posts, he showed photographs of his tablet phone displaying vision from the cameras inside his home.

In February last year, he posted a photograph of a woman in his apartment picked up on his camera after she came home with his friend.

Mr Tostee posted the picture to the forum to ridicule her appearance.

Facebook image of Warriena Tagpuno Wright, who fell to her death from Gable Tostee’s Surf

Facebook image of Warriena Tagpuno Wright, who fell to her death from Gable Tostee’s Surfers Paradise balcony.

“So I met up with a m8 last night who I haven’t been out with for ages. Passed out early so I checked my security cameras to see WTF happened and … captions not necessary LOL,” he wrote.

Ms Wright’s mother Beth and sister Reza arrived in Australia yesterday.

Too distraught to visit the scene of last week’s tragedy, they spent most of the day with detectives.

They drove past the Avalon apartment building but did not stop.


Detective Superintendent Dave Hutchinson, from the South Eastern police region, said the tragedy had taken a heavy toll on Ms Wright’s family.

“They’re very upset by it all but they are trying to help us as best they can,” he said.

Accompanied by his parents, Mr Tostee spent about 90 minutes with his lawyer Mick Purcell in Southport yesterday.

 Gable Tostee breaks silence saying reports of homemade porn collection were an ‘outright lie’ as Warriena Wright’s family arrives on the Gold Coast

Gable Tostee’s homemade porn stash has been seized by police.

Gable Tostee’s electronic devices have been seized by police.

UPDATED: Warriena Wright’s family have arrived on the Gold Coast as the man at the centre of the fatal balcony fall breaks his silence, denying he filmed sex acts.

Miss Wright’s family flew in from New Zealand this morning and later in the day a woman, believed to be her sister, was seen being driven into the Surfers Paradise Police Station.

Police have confirmed Miss Wright’s sister will speak to the media in relation to her sister’s death at 11am tomorrow morning.

A woman believed to be Warriena Wright’s sister, Reza Tagpuno Wright, pictured being driv

A woman believed to be Warriena Wright’s sister, Reza Tagpuno Wright, pictured being driven into the Surfers Paradise Police Headquarters. Photo Adam Armstrong.

Forensic officers are continuing to investigate the outside of Mr Tostee’s 14th floor apartment in a cherry picker.

No charges relating to Miss Warriena’s death have been laid.

UPDATED: Gable Tostee has broken his silence today posting online a surveillance video of his apartment and saying it was an ‘outright lie’ that he had homemade porn videos.

Police Detective Superintendent Dave Hutchinson said police took CDs and ‘discs’ from Gable Tostee’s apartment but officers had not located anything of a sexual nature.

The recordings are being ­examined for any clues about the final moments of Warriena Wright on the night she plunged to her death from the balcony of his Surfers Paradise apartment.

It comes as forensic officers use a cherry-picker to examine the outside of Tostee’s 14th floor balcony.




Mr Tostee shared a Gold Coast Bulletin story on his Facebook page saying ‘I never had any cameras installed in my Avalon apartment nor did I have a ‘homemade porn collection’.


He then posted a surveillance video of his apartment, saying it was taken from his previous home in Circle on Cavill in 2012 and had been used for security only.

The footage focuses on the living area of the apartment and shows a girl walking through the room and out the door.

Mr Tostee said he posted the video to catch a girl who allegedly stole his wallet from the table as she left.

Gable Tostee surveillance video

 “This footage was from a security camera in the living room of my previous apartment at Circle on Cavill in 2012. I only had one other camera in the apartment which was at the front entry facing the door. Neither camera was used to film sexual encounters,” he wrote.

“I had these cameras set up in my old apartment solely for security purposes.”

Det Supt Hutchinson said the seized material was still being examined but so far contained only music files and photos of a non-sexual nature.

He said it was “outrageous’’ to suggest otherwise.

Bulletin sources are adamant that recordings of Gable Tostee involved in sexual encounters with women do exist.

Supt Hutchinson appealed for those sources to present their evidence to police.

EARLIER: Detectives have seized Mr Tostee’s mobile phone and other digital equipment and are examining recordings on the devices.

Mr Tostee has refused to be interviewed by police in relation to Miss Wright’s death early on Friday morning and has not been charged.

Facebook picture of Warriena Tagpuno Wright, 26, who fell 14 floors to her death from Tos

Facebook picture of Warriena Tagpuno Wright, 26, who fell 14 floors to her death from Tostee’s balcony.

In a previous post on bodybuilding.com, Mr Tostee detailed the efforts he went to in order to keep track of each sexual conquest.

Gable Tostee pictured at a Surfers Paradise nightclub.

Gable Tostee pictured at a Surfers Paradise nightclub.

“I have actually kept a written log with dates and names,” he wrote.

“I’m somewhat obsessed with recording everything. I have motion detection cameras in my house, call recordings on my phone, and sometimes even leave my phone on record in my pocket for nights out in case I forget what happens.”

He described the 100th woman on his list as a “drop in standards”.

“Only reason I went for her was because she had huge teddies,” he wrote in 2012.

“Went out to clubs tonight with a few mates and got shot down by most hot girls. Really put a hole in my confidence.

“Eventually I figured I’d get the 100th out of the way by dropping my standards.

“I’m lying on the living-room couch typing this while she is asleep in my room. I can’t sleep until she is gone.”

Gable Tostee is understood to have been obsessed with recording.

Gable Tostee is understood to have been obsessed with recording.

He also talked about watching people from his 14th-floor balcony, asking for advice on the best equipment.

Gable Tostee’s Tinder account profile

Gable Tostee’s Tinder account profile

“I have a parrot AR drone with a built in camera and Wi-Fi remote control so I can control it and record first person from my phone,” Mr Tostee wrote in a post last year.

Police said Miss Wright was visiting Australia for a friend’s Gold Coast wedding. Her parents are expected to arrive in the city later this week.

Friends of the 26-year-old Kiwi have flooded Facebook with tributes. Among them was Carla Ward who recounted their lifelong friendship.

“I feel like a piece of me is gone, you were such an amazing person and I feel truly blessed to have had you in my life even though your life was cut short,” she wrote.

Detectives have also confiscated the mobile phone of Mr Tostee’s close friend Tony ­Ongart. It is understood he was contacted by Mr Tostee after the fatal fall from the ­Avalon apartments.

On Facebook yesterday, Mr Ongart warned his friends not to contact him and joked about the contents of his phone.

“Hope they (police) watch my pornos,” he wrote.

Police comb through the back of a home where Gable Tostee was staying following the balco

Police comb through the gardens of surrounding homes in Carrara where Gable Tostee was staying following the balcony death plunge of his Tinder date.

Region crime co-ordinator Detective Superintendent David Hutchinson said the seizure of mobile phones was a standard part of police investigations.

“The examination of mobile phones and other telecommunication devices is a routine part of modern investigations,” he said.

The revelations come as one woman, who asked to ­remain anonymous, came forward with information about a date she had with Mr Tostee after meeting the 28-year-old on the mobile dating application Tinder.

The woman said after meeting at a bar for a drink, it was obvious he was “just after one thing”.

“He invited me up to his place after just one drink at the bar,” she said. “Despite his good looks, I felt there was no attraction or connection with him, so I simply told him I was going home.

“He did try to convince me to stay out with him.

“He was very confident and cocky (and) I feel sorry for any girls that fell for his charms and obviously really sad for Warriena,” she said.

“I knew I wasn’t interested when I asked what he was into and he told me he was just into zombies and zombie movies.”

Friends have come out in support of Mr Tostee, with Presley Bell Erickson saying the part-time builder’s labourer would overcome the incident. “Gable will be okay! He just needs a good lawyer and he will be fine,” she wrote.

Mr Tostee is represented by top criminal law firm, Potts Lawyers.

Supt Hutchinson said police were awaiting a toxicology ­report after the post-mortem examination.

Mystery surrounds the death of a young woman who died after falling from the balcony of a Gold Coast apartment early on Friday morning.

Warriena Tagpuno Wright, 26, plunged to her death from the 14th floor of the Avalon apartments in Surfers Paradise about 2.20am.

Ms Wright is from Lower Hutt in New Zealand. She was in Australia for a friend’s wedding.

Police have confirmed the death is being treated as suspicious.

“In all cases like this – any sudden death which can’t be explained – we treat as suspicious right from the start to ensure we determine what occurred,” Detective Superintendent Dave Hutchinson said.

Police believe an argument occurred in in the lead up to Ms Wright’s death early on Friday morning.

Detective Superintendent  Hutchinson said neighbours heard loud voices and noises coming from the unit. However when police arrived at the scene, nobody was inside Mr Tostee’s apartment.

The unit’s sole occupant is Gable Tostee, 28, who was questioned by police on Saturday afternoon. He was not formally arrested and no charges have been laid.

Curious residents peered from their balconies as forensic crews examined the site.

The woman who lives above the apartment from which Ms Wright fell, told Fairfax Media she was home on Friday night when Ms Wright died.

“It’s horrible. I heard screaming at 2.20am, it woke me up,” she said.

Another resident called Tania told Channel 9 Ms Wright had screamed several times before falling.

“I heard her screaming once and then she stopped. Then she screamed again and then she stopped again, and then she screamed a third time and after that I heard a bang,” Tania said.

Police are now calling for anyone who may have security footage, camera or mobile phone vision of the Avalon apartment building at the time the woman fell to contact Gold Coast police or Crime Stoppers.

The tower, which is about 30 storeys high, is near the heart of Surfers Paradise off the Gold Coast Highway.

Police taped off the entrance to the Avalon on Friday, with forensic investigators setting up a blue tent in the area where the woman fell. Ms Wright’s body was taken away around midday on Saturday

Detective Superintendent Hutchinson declined to comment on the relationship between Ms Wright and Mr Tostee,

He confirmed Mr Tostee was known to the police as he and two friends had been part of a counterfeit operation in 2004.

The three were found guilty of running a fake identification operation targeting Schoolies visitors. They were released on probation without conviction.

Neville Wran’s daughter Harriet Wran charged with murder over

Only the very best legal defence for this girl I’m guessing. Cops better make sure its watertight…The Wran family have briefed prominent barrister Winston Terracini SC to act on Ms Wran’s behalf. Stay away from drugs people

Thu 14 Aug 2014, 7:04am

Redfern stabbing

Photo: Paramedics with a stretcher at the scene of the killing in Redfern on Sunday night. (ABC News)

The daughter of former New South Wales premier Neville Wran has been charged with murder over a stabbing death in the inner Sydney suburb of Redfern.

Harriet Wran, 26, was arrested along with Michael Lee, 35, in Liverpool on Wednesday afternoon.

Overnight, both were charged with murder, attempted murder and aggravated break and enter.

They will face court today accused of killing Daniel McNaulty, 48, who was stabbed to death on Sunday outside a public housing block in Redfern.

Police said the arrests were made after a red hatchback was found in the Sydney suburb of Waterloo.

On Tuesday night, Lloyd Haines, 28, was also charged with murder over the stabbing.

A 42-year-old man who was critically injured in the attack remains in a stable condition in St Vincent’s Hospital.

Mr Wran, who led NSW from May 1976 to July 1986, died in April.

Harriet Wran is the second youngest of the former premier’s five children.

Neville Wran’s daughter Harriet charged with murder over Redfern stabbing death of Daniel McNulty


THE daughter of former premier Neville Wran was last night charged with murder over the stabbing death of a man at a Redfern unit block.

Harriet Wran, the youngest daughter of the former Labor state leader, who died at the age of 87 on April 20, was yesterday confirmed by police as a person of interest in the murder of 48-year-old Daniel McNulty and the stabbing of another man, Brett Fitzgerald.

She was charged early this morning with murder, attempted murder and aggravated break and enter.

She will appear in Liverpool Local Court today.

The Wran family have briefed prominent barrister Winston Terracini SC to act on Ms Wran’s behalf.

Wran daughter quizzed over murder

Murdered… Daniel McNulty. Source: DailyTelegraph




Fronting media this morning, Mr Terracini said bail would not be applied for.

“We are not going to make a bail application tomorrow,” Mr Terracini said.

“It will be a five minute job, we turn up, bail will be refused, won’t be applied for.”

The former University of Sydney student, and goddaughter of Kerry Packer, handed herself into Cabramatta Police Station just after 5pm, along with a 30-year-old man, Michael Lee, who was also wanted for questioning.

Lee was also charged with murder, attempted murder and aggravated break and enter, and will appear at Liverpool Local Court today.

Neville Wran with his children Harriet (8) and Hugo (5) in 1996.

Neville Wran with his children Harriet (8) and Hugo (5) in 1996. Source: News Corp Australia

The shock twist came just hours after 29-year-old Lloyd Edward Haines yesterday faced Parramatta Local Court for the murder of Mr McNulty on Sunday night.

Senior police sources confirmed to The Daily Telegraph that Wran, 26, and a 30-year- old man of Asian appearance were wanted in connection with the double stabbing at the Walker St unit block.

In a statement announcing Haines’ arrest, police said they were looking for a man and woman also believed to be inside the apartment at the time.

Hugo Wran, Jill Wran and Harriet Wran at Neville Wran’s funeral / Picture: Craig Greenhil

Hugo Wran, Jill Wran and Harriet Wran at Neville Wran’s funeral / Picture: Craig Greenhill Source: News Corp Australia

McNulty died at the scene shortly after paramedics were called about 7.45pm, while Mr Fitzergerald was taken to St Vincent’s Hospital with multiple stab wounds. His condition is stable.

Wran was wearing jeans and a blue shirt at the time of the arrest, and had her brown hair worn up, police say.

Harriet Wran’s brother Hugo leaves the Wran family home in Potts Point last night / Pictu

Harriet Wran’s brother Hugo leaves the Wran family home in Potts Point last night / Picture: Rohan Kelly Source: News Corp Australia

Detectives yesterday went to the family home in Woollahra in search of Wran, but neither Harriet or her mother Jill, Mr Wran’s wife of more than 30 years, were home, leaving the youngest child Hugo, 23, to try to contact his family.

“I’ve been informed, that’s all, sorry I can’t answer any questions,” he told The Daily Telegraph last night.

Neville Wran with wife Jill and baby Harriet in 1988 / Picture: Rob Drew

Neville Wran with wife Jill and baby Harriet in 1988 / Picture: Rob Drew Source: News Corp Australia



Jill Wran was last night ­organising to return to Sydney from Brisbane to support her daughter.

Harriet and her younger brother Hugo, the youngest of Mr Wran’s four children, read poems during a state memorial service for their father, who died aged 87 after a long struggle with dementia.



The window of Daniel McNaulty’s apartment / Picture: Richard Dobson

The window of Daniel McNulty’s apartment / Picture: Richard Dobson Source: News Corp Australia

The siblings sat side by side in the front row of the Sydney Town Hall for the service for their father, who served as NSW premier from 1976 to 1986. Harriet read a Shakespearean sonnet at the ­funeral, following speeches from former prime minister Paul Keating and Bob Carr.

Haines, who handed himself into police, did not appear in the dock of Parramatta Local Court and his bail was formally refused on charges of murder, attempted murder and aggravated break and enter.

His case returns to Parramatta Court on October 9.

Harriet Wran, daughter of the late former premier Neville / Picture: Facebook

Harriet Wran, daughter of the late former premier Neville / Picture: Facebook Source: Facebook

Police at the scene of the stabbing in Redfern on Sunday night / Picture: Bill Hearne

Police at the scene of the stabbing in Redfern on Sunday night / Picture: Bill Hearne Source: News Corp Australia



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