Gable Tostee has been found not guilty of killing Tinder date Warriena Wright, who fell to her death from his 14th-floor apartment balcony on Queensland’s Gold Coast.
A Supreme Court jury had struggled to reach a verdict, but finally acquitted Mr Tostee of both murder and manslaughter more than 15 hours after beginning its deliberations on Monday.
Live rundown inside court
Queensland’s biggest trial of the year will begin when Gable Tostee fronts the Brisbane Supreme Court charged with the murder of a New Zealand tourist.
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THE jury in the Gable Tostee trial has asked whether language should be “considered as force” while deliberating the fate of the accused murderer.
The jury’s fourth note to Justice John Byrne was revealed this afternoon.
After Justice Byrne read out the note before the jury, he replied: “The short answer to the question is no”.
“Let me provide some elaboration so that you can be confident that I have addressed the concern that apparently prompts the question,” he said.
“The prosecution does not suggest that it can exclude any of the four defences raised for your consideration that concerned the use the force by the accused in reliance of what he said, as distinct from what he did, in the three particularised episodes.
“That is, the potential availability of the defences is concerned with the physical force used by the the accused in the three acts particularised not with any menace that might have been presented by the words the accused used that accompanied the use of force by him.”
The jury has retired again to deliberate.
EARLIER: The jury in the murder trial of Gable Tostee are entering their third day of deliberations after previously stating they were struggling to reach a unanimous verdict.
Tostee has arrived at the Brisbane Supreme Court this morning.
OVERNIGHT: JURORS in accused balcony killer Gable Tostee’s murder trial have been ordered to continue deliberating despite telling the judge yesterday they were unable to reach a verdict.
Justice John Byrne said discharging a jury was a last resort and told them to keep trying.
His direction came after they handed him a note saying they were struggling to reach a decision on Tostee’s innocence or guilt over the death of Warriena Wright, who plunged to her death from his Surfers Paradise high-rise balcony in August 2014.
It was the third note jurors had written to the judge since retiring about 12.30pm Monday.
The other notes related to questions they wanted clarified, including whether to take into account Ms Wright’s intoxication and state of mind before she climbed over his balcony and fell.
“I have a note indicating that so far you have not been able to reach a verdict,” Justice Byrne told the jury about 3.10pm yesterday.
“Let me say this, you are entitled to take as long as you wish to reach your verdict.
“I have the power to discharge you from giving a verdict, but I should only exercise it if I am satisfied that there is no likelihood of genuine agreement being reached after further deliberations.
“Experience has shown that juries can often agree if given enough time to consider and to discuss the issues.”
The jury spent an extra hour late yesterday trying to reach a verdict before asking the judge to send them home for the night.
They had earlier asked the judge to clarify several issues, including Tostee’s age, a long silver item he appeared to be holding as he exited a lift after Ms Wright fell as well as the role of her intoxication and state of mind.
In response to another question, Justice Byrne told the jury they must find Tostee not guilty of murder or manslaughter unless they were persuaded beyond reasonable doubt that he used more force than reasonably necessary to remove Ms Wright.
Justice Byrne said putting Ms Wright on to the balcony constituted removing her from the property under a homeowner’s right to eject a disorderly person.
He also repeated his advice on what the jury must find to prove manslaughter and murder.
Jury retires to decide Tostee’s fate
THE jury that will determine whether Gable Tostee killed his Tinder date Warriena Wright in August 2014 has retired to consider its verdict.
The judge presiding over the trial delivered his final directions to jurors this morning, before sending them out to consider their verdict shortly after 12.30pm.
Addressing jurors on a range of arguments that arose at trial, Justice John Byrne urged them not to consider Tostee’s conduct after Warriena Wright fatally plunged from his balcony as any indicator of guilt.
CCTV footage shown to the jury in the trial last week showed Tostee leaving his apartment building by the basement carpark, so as to avoid emergency services who had raced to the scene, in the early hours of August 8, 2014.
He was then also seen wandering aimlessly around Surfers Paradise for an hour and a half, stopping at one point to buy and eat pizza.
In his final address to the jury today, Justice Byrne said Tostee’s behaviour after Ms Wright died was irrelevant to their deliberations.
“It would be wrong for you to use any of the evidence of what he did as advancing the prosecution case for murder or manslaughter and I direct you not to,” he said.
Ms Wright plunged to her death from Tostee’s 14th floor Gold Coast apartment after Tostee locked her on his balcony.
She was attempting to climb to the balcony below when she fell.
Crown prosecutor Glen Cash argued the 26-year-old was fleeing in “abject terror” after Tostee strangled her inside his apartment. The alleged strangling happened after Ms Wright threw rocks at Tostee.
Defence barrister Saul Holt argued Tostee put an “increasingly erratic” Ms Wright onto the balcony, in a bid to de-escalate a violent situation that had erupted between the pair.
Tostee has pleaded not guilty to both murder and the alternative lesser charge of manslaughter.
Justice Byrne addressed the six men and six women of the jury on a range of issues, including whether or not Tostee intended to cause Ms Wright grievous bodily harm, which caused her to undertake the act that led to he death.
“The burden rests with the prosecution to prove the guilt of the accused,” he said.
“If you are left with a reasonable doubt, your duty is to acquit.”
He also reminded jurors their task was an intellectual one, not an emotional one.
“You should dismiss all sympathy and prejudice, no such emotion has any place in your position,” he said.
“You must approach dispassionately.”
Gable Tostee trial: After Tinder date died, Tostee ate pizza, phoned lawyer
The timeline of the night Gable Tostee’s Tinder date fell 14 storeys to her death reveals the first phone call he made was not to triple-zero, but to a lawyer.
CCTV captures Tostee meeting Wright
Footage has surfaced of Gable Tostee meeting Warriena Wright for the first time only hours before the young woman plunged 14 floors to her death. Vision courtesy Nine Network.
CCTV footage played at Mr Tostee’s murder trial in the Brisbane Supreme Court shows he left the high-rise apartment via the basement car park just after Warriena Wright died in the early hours of August 8, 2014.
The 30-year-old did not call triple-zero, but instead paced around the Gold Coast entertainment precinct for an hour and bought pizza from a Cavill Ave shop, the jury saw.
Phone records tendered in court show the first call Tostee made that morning was to criminal law firm Potts Lawyers at 2.21am, about a minute after the 26-year-old New Zealander had fallen.
He also called his father Gray Tostee at 3.23am to pick him up, lamenting “why does this s— keep happening to me?”.
It was not until later in the car when Tostee exclaimed, “Oh my God, I hope she’s not dead.”
Mr Tostee and Ms Wright’s Tinder conversation tendered in court revealed the pair had a brief exchange of saucy messages before meeting in person.
In their initial chat, Tostee told Ms Wright on the app, “You look delicious. I want to do dirty things to you.”
He also asked her whether she was a “freak in the sheets”.
“Let’s get drunk together, I’m a pornstar after a few drinks!” Tostee said.
Ms Wright was in Australia for a two-week holiday to attend a friend’s wedding.
It’s not alleged Tostee threw or pushed her, but that he intimidated her so greatly she felt the only way she could escape was to climb down from the balcony after he had locked her out.
In an audio recording Tostee made on his mobile phone, which captured the moment Ms Wright died, he is heard telling his father he put her on the balcony because she was “beating him up”.
Forensic medical officer Nelle Van Buuren told the court Tostee had abrasions on his cheek, nose, shoulder and knee when he was examined on the afternoon of August 8 but was not able to say what caused them or how old they were.
What is thought to be Tostee’s blood was also found on a small, white decorative rock he claims Ms Wright threw at him, the court heard.
DNA expert Emma Caunt said a man’s DNA was found under Ms Wright’s fingernails but could not identify whose it was.
Neighbours have testified at the trial to hearing a woman’s terrified screams as well as a man and a woman arguing, before Ms Wright fell from the 14th floor and ricocheted off balconies below.
The prosecution case is expected to close on Thursday after a Gold Coast pathologist gives evidence.
Timeline of Warriena Wright’s final night
Based on CCTV and audio recording exerts tendered in murder trial
Thursday, August 7, 2014
8:46pm – Gable Tostee and Warriena Wright meet for their Tinder date on Cavill Ave, Gold Coast.
8:50pm – Mr Tostee buys a six-pack of beer from BWS.
8.53pm – They get into lift at his block of units. Last time Ms Wright is seen alive.
Friday, August 8, 2014
Mr Tostee starts recording audio on his mobile phone at 1.05am
2.14am – Mr Tostee: “You have to leave.” Ms Wright: “It’s all good.” Tostee: “You’re f—ing insane.”
2.15am – Mr Tostee: “You’re lucky I haven’t chucked you off my balcony, you goddamn little psycho b—-.”
2.17am – Mr Tostee: “I’m gonna let you go, I’m gonna walk you out of this apartment just the way you are. You’re not going to collect any belongings, you’re just going to walk out. I’m gonna slam the door on you. If you try to pull anything I’ll knock you out, I’ll knock you the f— out.”
Heavy breathing then crashing sound
2.20am – Mr Tostee: “You just don’t understand. Let go! You think if you hit me I’ll just fall down like in the movies?”
Ms Wright: (screaming) “No, no, no, no, no. Just let me go home.”
Mr Tostee: “I would but you have been a bad girl.”
Ms Wright: (screaming) “I want to go home, I want to go home.”
Distant scream followed by loud heavy breathing
2.22am – Mr Tostee: “Shit.” (call goes to voicemail) “Where the f— are my keys?”
2.23am – Gets out of lift on ground floor, paces around, goes back in.
2.25am – Gets out of lift in basement, leaves building via car park.
3.07am – Mr Tostee continues walking around Gold Coast entertainment precinct.
3.11am – Orders and eats pizza from Cavill Ave shop.
Mr Tostee calls father
Mr Tostee: “Hello dad, might have a bit of a situation … I locked her out on the balcony and I think she might have jumped. I’ve been walking around and there’s million cops around my building … I swear to god I didn’t push her. I just chucked her out on the balcony because she was beating me up … why does s— happen to me, I didn’t do anything wrong.”
3.44am – Mr Tostee picked up by father Gray Tostee in car.
Mr Tostee: “Oh my god, I hope she’s not dead.”
Gable Tostee trial: Supreme Court jury retires to consider verdict in murder case
Updated about 2 hours ago
The jury in the Gable Tostee murder trial has retired to consider its verdict.
Brisbane Supreme Court judge, Justice John Byrne, spent most of the morning summing up the evidence in the Gold Coast man’s trial.
Tostee, 30, has spent the past week on trial accused of murdering New Zealand tourist Warriena Wright, 26, in August 2014.
He has pleaded not guilty to causing Ms Wright to fall from his 14th floor Surfers Paradise apartment balcony.
The pair had been on a Tinder date at Tostee’s apartment, but became involved in a violent altercation.
Ms Wright was locked outside on the balcony shortly before she fell while trying to climb down.
Justice Byrne this morning told the jury the burden of proving the crime rested solely with the crown, and the defence had to prove nothing, let alone Tostee’s innocence.
“You may only draw an inference of guilt if it so overcomes any other possible inference as to leave no reasonable doubt in your minds,” he said.
“If you are left with a reasonable doubt about guilt your duty is to acquit, that is to find the accused not guilty.
“If you are not left with any such doubt, your duty is to convict, that is find him guilty.
“You should dismiss all feelings of sympathy or prejudice.”
He urged the jury to treat “context evidence”, such as CCTV of Tostee leaving his apartment via his basement or wandering the streets alone afterwards, with caution.
“It would be wrong for you to use any of the evidence of what the accused did over this period as advancing the prosecution case on murder or manslaughter.
Crown, defence offer closing addresses
The crown and defence delivered their closing addresses to the jury on Friday, both sides describing an audio recording of the night retrieved from Tostee’s mobile phone as the critical piece of evidence in the case.
Prosecutor Glen Cash QC argued while Ms Wright had probably unlawfully assaulted Tostee just prior to being locked out, his response was disproportionate and unlawful.
He said Tostee’s intimidating conduct left Ms Wright feeling like she had no means of escape other than scaling the balcony.
Mr Cash said the “panic and desperation” in Ms Wright’s voice moments before she fell “[spoke] more powerfully than [he] ever could about the cause of her death”.
But the defence argued the crown case was “nonsensical”, and Ms Wright, who had been erratic and “out of control” during the evening, had essentially decided to “climb to certain death”.
Barrister Saul Holt QC said Tostee had ordered Ms Wright to leave his apartment via the front door, but she hit him with the metal part of a telescope, after which he grabbed her and put her behind the “nearest lockable door”.
He said Ms Wright climbed over the balcony railing just seconds after, something that was neither rational nor reasonably foreseeable.
Mr Holt told the jury it was irrelevant whether they thought it was “weird” or morally questionable for Tostee to record the date, “but thank goodness he did
Court released original Tinder exchanges today. here is how they hooked up
Tostee and Wright’s Tinder exchanges
Tinder messages sent between Gable Tostee and Warriena Wright between August 1-7.
Note: Warriena uses the name “Cletus” in some online profiles.
Tostee: Hey you sexy slack jawed yokel
Warriena: Lol Hey. Had a few people (think) that’s my real name…
Tostee: Is it? Gable and Cletus sitting in a tree…
Warriena: Sounds good lol
Tostee: You look delicious. I want to do dirty things to you
Warriena: That usually work?
Tostee: Haha, not trying to make anything “work”, I’m just saying. Got a problem with that? :p
Warriena: Lol fair enough. I was just asking :p
Tostee: So you’re down with that then? Can you be a freak in the sheets Cletes? (sic)
Warriena: Lol probably not. Depends.
Tostee: What does it depend on?
Warriena: What I’ve had to drink! Lol.
Tostee: Let’s get drunk together, I’m a pornstar after a few drinks!
Warriena: Hah that’s great…
Warriena: U in gold coast?
Tostee: Yup you?
Warriena: Yeah. Just exploring surfers
Tostee: Lol I live in surfers. How long you down for?
Warriena: Till Monday
Tostee: Let’s get together then 🙂 what’s your number by the way?
Warriena: (provides phone number)
Quotes and description from recording of Tostee and Ms Wright:
1:06am Ms Wright: “I know you want to kill me because you told me so.”
1:08am Tostee says he does not think there is anything after death. Tostee: “Throw me off the balcony and that is it. This is it, boom.”
1:19am Music still playing in the background and soft sounds of groaning in background.
1:21am Ms Wright: “You do have to do shit to me.”
1:23am Tostee: “Ow.”
1:29am Tostee: “I don’t like getting beaten up.”
1:36am Tostee: “There is a tonne of your stuff here. Hey I didn’t say you have to leave, I said that you have to stop beating me up.” Heated conversation.
1:36am Ms Wright: “…I will f***ing destroy your jaw. It is not f***ing funny.”
1:38am Tostee: “I should have never given you so much to drink. I thought that we were going to have fun?”
1:39am Tostee: “I don’t deserve this shit, OK. I am a nice f***ing guy.
1:39am Tostee: “Do you even remember what you were doing to me half an hour ago? You were beating me up for no reason.”
Ms Wright: “Exactly.”
Tostee: “You thought it was funny or something. Why were you beating me up?
Ms Wright: “I am gone, I will be out of your hair see you later. I am going.” Ms Wright produces a phone, stating: “See you later.”
Tostee: “You are such a drama queen.”
1:41am Tostee asks if they can “sit down and discuss this”. Ms Wright says she is a freak. Tostee says he is going to have bruises, asks Ms Wright to stay the night. Tostee says he is the most tolerant person she would meet, “but you are just a bit violent”. Tostee offers to cook something, asking Ms Wright if she wants something to eat.
1:48am Ms Wright: “Don’t be a dick, don’t be a dick.”
Tostee: “I’m not being a dick.”
Ms Wright asks if she can go over to the window and have a look.
Tostee: “Don’t jump off or anything.”
Ms Wright: “No.”
2:10am Sounds of a struggle and ruffling sound of recording device.
Ms Wright: “That really hurt my vagina.” More struggling and male laughter.
Ms Wright: “You sound like a faggot.”
2:12am Tostee: “All right I give up, what do you want?” Loud bang. Tostee: “Ow.”
2:14am Tostee: “You are not my kind of girl. That is enough. You have worn out your welcome. You have to leave.”
Ms Wright: “OK, it’s all good.”
Tostee: “You have to leave.”
2:15am Tostee: “I thought you were kidding and I have taken enough. This is f***ing bullshit. You are lucky I haven’t chucked you off my balcony you goddamn psycho little bitch.”
2:17am Tostee: “You’re a goddamn psycho. I am going to let you go. I am going to walk you out of this apartment just the way you are. You are not going to collect any of your belongings you are just going to walk out and I am going to slam the door on you do you understand. If you try and pull anything. I’ll knock you out. I’ll knock you the f*** out. Do you understand? Do you understand? Do you understand?”
Tostee: “Come on Get up. Get up.”
Ms Wright: “I am so sorry.
Tostee: “I don’t care … you don’t understand do you? You don’t understand anything at all, do you? You don’t understand, do you?” Sounds of a struggle. Tostee: “Let go. You think that you hit me and I was going to fall down like in the movies. Let go of it. Let go. Let Go. Let go.”
2:19am Sounds consistent with door unlocking and then female states “No”. Possible sound of glass door being hit.
2:20am Tostee: “Who the f*** do you think you are? Hey?”
Ms Wright: “No, no, no … No! No, no. No.”
Tostee: “You tried to kill me huh? Well why did you try and hit me with that. Huh? Shut your filthy mouth.”
Ms Wright: “No. No. No No. No (screaming).”
Tostee: “It is all on recording you know. It is all being recorded.”
Ms Wright: “No, no, no, no, no, no, no, no, no, no, no, no. Just let me go home.”
Tostee: “I would but you have been a bad girl.”
Ms Wright: “Just let me go home. Just let me go home. Just let me go home. Just let me go home.”
2:21am Faint screaming detected. Tostee heard breathing very heavily. He makes a call on his mobile phone. Tostee: “Shit.”
2:22am Tostee: “Where the f*** are my keys?”
The Gold Coast man is accused of killing Warriena Tagpuno Wright, who he met on the dating app Tinder while she was visiting Australia.
Ms Wright was on a two-week vacation to attend a friend’s wedding and met Tostee, a carpet layer, at the end of her trip.
The 26-year-old was found dead at the base of the high-rise Avalon Apartments unit in Surfers Paradise in the early hours of August 8, 2014.
She had fallen from the 14th floor balcony of Tostee’s unit.
Tostee was arrested at his parents’ house and charged with murder the following week.
He has pleaded not guilty and will be represented by high-profile barrister Saul Holt QC.
The Brisbane Supreme Court is expected to be packed on Monday morning when the trial starts before Justice John Byrne.
It is expected to take seven to eight days.
Warriena Wright’s final tragic hours
Gold Coast Bulletin
THIS is the alleged recording of Gable Tostee and Warriena Wright’s final hours together in his Surfers Paradise apartment.
WARNING: Content may distress.
THE NIGHT TOGETHER
12.56.30am: Music heard. It is James Blunt’s Nights Like These.
12.57am: Male: “Don’t go baby, please.”
12.58am: Drinks poured.
1.02am: Male asks female to come here and chill and have a drink. Repeats to chill, have a drink. Male says that everything on him is good looking. Female: “I am psycho drunk and not to test her.”
1.03.30am: Male: “Shut up or I will make you come again. Female: “Shut up or I will beat you up. You look like Sam.”
1.05.30am: Male: “Do you want to come to my work tomorrow?” Female: “Do you want to come to my family tomorrow?”
Male: “You can help me lay carpet. You can help me tell my mum I am not a loser …”
1.07am: Female: “I know you want to kill me because you told me so.” Reference to dying from smoking.
1.08am: Further conversation about galaxies and travel to Alice Springs. Conversation about religion and gods.
1.09am: Male says that he “doesn’t think there is anything after death”. “Throw me off the balcony and that is it. This is it, boom.”
1.12am: Male: “Don’t touch them. You love them rocks.” Female: “Are you a god?” Male replies that yes he is. He is Zeus. He tells her to relax.
1.13am: Female says she is talking about gods. Male says there are no gods. She again calls him Zeus.
1.14am: Female says she is going to go vampire on his ass. Conversation about Reza. Male: “Stay right there.”
1.15am: Female: “You are dead and I hate you.”
1.16am: Conversation about her dead dog.
Male: “Don’t hurt me, I am defenceless.”
1.19.30am: After minutes of laughing and hitting in the background, male is heard to say “Ow”.
1.20.30am: Music still playing in the background amid soft sounds of groaning.
1.26.30am: Male: “I should walk you home.”
1.27am: Male: “Stop that.” Female: “Oh my god you are like a Christian.” Further inaudible conversations.
1.28.30am: Female: “Don’t be a (expletive) to me.” … Inaudible conversation … Male: “I don’t want to like have to muscle you.”
1.29.30am: Male: “Just relax.” … Inaudible conversation … “I don’t like getting beaten up.” … Inaudible conversation.
1.31am: Male: “Just be nice.” Inaudible conversation. Conversation is calm.
1.33.30: Male: “Come here.” Female: “Have a good night.” Male: “Do you want me to walk you back home.” Moves closer to the recording device. Sounds of ruffling and female is heard to say “have a good night” and male states “no (inaudible) I’ll take care of you in the morning.”
1.35.30am: Music stops.
1.36am: Female: “Where is my sister’s (expletive). Where is all my (expletive) data? Where is my iPhone?” Male: “Do you want me to ring it?” Female: “Yes, I would love you to (expletive) ring it.”
1.36.30am: Male: “There is a ton of your stuff here. Hey I didn’t say you have to leave. I said that you have to stop beating me up.” Heated conversation.
1.37am: Female: “Are you going to (expletive) untie me because I will (expletive) destroy your jaw. It is not (expletive) funny.”
Female: “Get it for me. Male: “No, you get it.” Female: “I am going to call the police.”
1.37.30am: Repeats she is going to call the police.
1.38am: Male: “Cmon Cletus.”
1.38.30am: Female: “I am going to call the police.” Male: “What are you looking for? Where is my money. How are you going to call the police without your phone?”
Female: “You stole my (expletive) phone.” Male: “I should have never given you so much to drink. I thought that we were going to have fun?”
1.39am: Male: “I don’t deserve this (expletive), OK. I am a nice (expletive) guy.” Sound of a beep (phone).
1.39.30am: Male: “Your phone must be out of battery” … “it must be out on the balcony.”
Male: “Please calm down please. You have had too much to drink. I had (expletive) loads of money.” Female states that she “(expletive) rules in New Zealand but she gets taken advantage of. It is not (expletive) funny”.
1.40am: Male: “Do you even remember what you were doing to me half an hour ago?
“You were beating me up for no reason.” Female: “Exactly.” Male: “You thought it was funny or something. Why were you beating me up?” Female: “I am gone. I will be out of your hair, see you later. I am going.” Then produces the phone. Female: “See you later.” Male: “You are such a drama queen.”
1.40.10am: Call to deceased, six seconds.
1.41am: Male asks if we can sit down and discuss this. Female says she is a freak. Male says that he is going to get bruises. He asks the female to stay the night and says he is the most tolerant person he would meet, adding “but you are just a bit violent.” Male offers to cook something. Male again asks if she wants something to eat.
1.45am: Male asks how long the female is living on the Gold Coast. Female: “Geez, god didn’t want me here for long, he has kicked me out already.”
1.45.30am: Female says that “Myjambu did not say anything.” Male asks if it is a Maori god. Calm conversation.
1.46:30: Conversation about Procifany and Greek gods and mythology.
1.48am: Female asks if she can go over to the window and have a look. Male: “Don’t jump off or anything.” Female: “No.” Further inaudible conversation.
1.49am: Male says people with white coats are going to come in and the states that she would jump off the balcony. He says he is totally flattered that his vodka has had this effect on her.
1.49.30am: Male: “Just come here, I just want to cuddle you. Male states I just want to snuggle you. Door shuts and possible toilet seat going down. Possibility that female is in the toilet.
1.51.am: Male whispers into the recording device, “God help me, (expletive).”
1.52.30am: Female calls male a social demon.
1.53am: Male asks if she got the photos he sent her. “Our balcony photos. You are so much more drunker than me. I need to catch up.”
1.53.30am: Ruffling sounds. Drink poured. Male: “That is like vodka on the rocks. That is yours.
1.56.30am: Female: “That is horrible. I am going to leave that there.”
1.57am: Male states that his mum is in Adelaide because his pa died. Died of cancer. Conversation about male finding out about his pop dying.
1.57.30am: Doesn’t think he has been so sad before.
2.02.30am: Female: “UK men are funnier and have bigger (expletive).” Male: “Not bigger than mine.” Conversation continues. Male asks if his is the “biggest”.
2.03.30am: Male: “Hey hey hey, no violence.” Then laughs and says “What are you doing Cletus?” and “enjoy that”. Female: “Cheers.”
2.05.30am: Male tells “Cletus to chill out”. He says “it is not cool here and he will fix that (expletive)”.
Possible pouring, drinking. Male asks to promise that she does not beat him up. Asks her to sleep next to him.
2.09am: Male states that if she “was going to go all kung fu on me then I will kick your (expletive)”. Calm conversation.
2.11am: Sound of a struggle and ruffling sound of recording device. Female: “That really hurt my vagina.” More struggling and male laughing, to which female replies: “You sound like a (expletive)”.
2.12am: Male states she is insane. Sounds of background clicking. Male: “They are not real they are only fake.”
2.12.30am: Male: “Who is Sam.” Says “ow” again, before “I’ll bow down to Sam. I will do what you want. I will be your sex slave (possibly having rocks thrown)”.
2.14am: “That is enough.” Female: “No seriously, I have to have a (expletive).”
Male: You are not my kind of girl. That is enough. You have worn out your welcome. You have to leave. Female says OK, it is all good. Female out of breath. Male states ‘you have to leave’. Female replies ‘OK. It’s all good’. I thought you were a nice girl.
2.14.30am: Male says — Yeah it is you are (expletive) insane.
CHOKING SOUNDS AND THE FATAL PLUNGE
2.15am: Male states I think you are kidding but you are not. Go on right now. Male states — I do need a sample of DNA.
2.15.30am: Male states — I thought you were kidding and I have taken enough. This is (expletive) (expletive). Male states — you are lucky I haven’t chucked you off my balcony you god damn psycho little (expletive). Male states — who the (expletive) do you think you … I am. Yeah do your Muay Thai now.
2.16am: What. What — got something to say- say it. Female breathing heavily. Female states (unintelligible) sexist. Male relies yeah right. I am the one who is injured. You don’t have a god damn scratch on you.
2.16.30am: Male states I thought that you were just playing around but I am (expletive) sick of this (expletive). You’re a god damn psycho. I am going to let you go. I am going to walk you out of this apartment just the way you are. You are not going to collect any of your belongings you are just going to walk out and I am going to slam the door on you, do you understand? If you try and pull anything. I’ll knock you out, I’ll knock you the (expletive) out. Do you understand? Do you understand? Do you understand?
2.17.30am: Cmon, get up. Get up. Female states — I am so sorry. Male states I don’t care. Struggling — male — you don’t understand do ya. You don’t understand anything at all do you. Struggle. Male states ‘let go’. You think that you hit me and I was going to fall down like in the movies. More laboured breathing sounds. Male states let go of it. Let go. Let go. More choking sounds.
2.18am: First choking sounds.
2.18.30am: Still laboured breathing sounds. Breathing slows. Male: “Let it go.”
2.19.30am: Sound of something dropping (metallic)
2.20am: Sound consistent with door unlocking. Female: “No.” Possible sound of glass door being hit.
2.20.30am: Male: “Who the (expletive) do you think you are? Hey?” Female: “No, no, no.”
Male: “You tried to kill me huh?” Male: “Well, why did you try and hit me with that. Huh? Shut your filthy mouth.”
Female: “No, no, no, no, no. (Screaming).”
Male: “It is all on recording you know. It is all being recorded. Female: “Just let me go home.” Male: “I would but you have been a bad girl.” Sound of door sliding shut.
2.21am: “Just let me go home. Just let me go home.” Last words of “just let me go home”. Male heavy breathing. Faint scream detected.
2.21.30am: Very heavy breathing from male.
In documents filed ahead of Gable Tostee’s Supreme Court bail application on Monday, police claim Warriena Wright struggled for breath and was taunted in the seconds before her death.
2.21.50am: Male makes call to lawyer Mick Purcell. Call made from handset. “(Expletive).” Call not connected.
2.22am: Male: “Where the (expletive) are my keys?”
2.23am: “Expletive, expletive, expletive.”
2.23.30am: “Oh my god.” Sound of getting dressed, pulling jeans up.
2.26am: Sound of sirens in the background.
2.26.30am: Sound of lift button.
2.28.30am: Walking noises. Footsteps.
2.39.30am: Walking stops.
2.24.13am: Call to deceased.
2.42am: Walking starts again.
2.47am: Call to Purcell.
2.49am: Screen shot taken of phone with images of deceased. Call to deceased.
3.10.30am: Male: “Um a piece of supreme please.”
3.11.30am: Paper rustling. (Eating pizza).
THE PHONE CALL
3.23am: Makes phone call. “Hello dad. I might have a bit of a situation. See um I met up with a girl for a date tonight and she started getting really aggressive. It was all right at first and like we, you know, had sex in bed and she kept drinking. We were both drinking and I think that she thought that it was like a joke or something and she kept like beating me up and whatever. It was cos she was really drunk and whatever and I like forced her out on the balcony and I think that she might have jumped off.”
Dad: “Oh no.”
3.23.30am: Male: “Like I have been walking around and there are a million cops around my building. I’m (expletive). I don’t know what to do.”
Dad: “Where are you? At your unit?”
Male: “I didn’t cause this, like I didn’t push her. There are a million cops in the area.”
Dad: “I’ll come and get you OK?”
Male: “It is really (expletive) up. I am like at Dominos. Dad, like this is not my fault.”
3.25am: Call continues … “I don’t know, like I tackled her on my floor inside the building and I never forced her over the balcony.”
Dad: I am sure you wouldn’t, mate.”
Male: I don’t know what the (expletive) happened, it is crazy. I swear to god I didn’t push her, I just chucked her out on the balcony and locked the door because she was beating me up.”
Dad: “I’ll come over now OK?”
3.29am: Call continues. Male: Hang on a sec. What the (expletive). What the (expletive) is this … you know how I said there was something in my pocket. Well it is her phone in my pocket.”
Dad: “Is it her phone?”
Male: “It is her phone, yeah … Dad like what happened was we were drinking and we got into bed together then and after that she just kept drinking and she just kept like I don’t know she was just like beating me up. She thought it was funny or something and I was just like tackled her in the middle of my apartment and I said that it wasn’t funny anymore and blah blah blah.
“Then when I let her go the last thing I remember was she was on the balcony and I don’t know if she jumped or what, I don’t know. It wasn’t my fault, it wasn’t my god damn fault.”
3.46.30am: Call made and connected. “Hey dad, are you nearby. I am seriously freezing.
Dad: “Not far away at all. Male: “Can you stay on the line?” Dad: Yep.”
3.47.30am: Sound of car door opening and seatbelt being placed on.
3.48am: Dad: “We need to ring (lawyer) Bill Potts. Male: “I didn’t do anything. Dad: “I understand. Um the only thing we can do is ring Bill Potts up now. You can’t do anything else but that but you need to do it straight away really. Can you find his number?”
3.48am: Male: “I wish that I had cameras in my unit. I have audio. I tried calling her phone.” Dad: “Don’t call her phone.”
3.49am: Call is made to phone and goes to message bank. Dad: “What are you doing, why did you do that?” Male: “I don’t know.”
3.50am: Call to deceased.
3.51am: “Why does this (expletive) always happen to me. I didn’t ask for this. I wasn’t doing anything wrong, I just invited the girl over. The more she drank …”
Dad: “Was she jealous or something?”
Male: “Me and her had sex and it was like the more that she drank she just got violent for some reason. Dad: “Did she want a more serious relationship or something?” Male: “No, she was like I know Muay Thai blah blah blah and I’ll beat you up for fun rah rah rah and I was like tolerating it for a bit and went ‘yeah stop that’. Last thing that I remember was that I tried holding her down and she ran out on to my balcony. I hope I just imagined it.”
3.51.30am: Call to deceased.
3.52am: I might have locked her out on my balcony cos there is like a lock. I can’t remember what I did but I absolutely did not throw her off my balcony. I would never do anything like that.”
3.52.30am: Dad: “We need to ring up Potts.” Male: “I don’t ask for this (expletive). Why does this (expletive) happen to me?”
Six selfies tendered to the Brisbane Supreme Court on Tuesday showed a smiling Warriena Wright and a shirtless Gable Tostee inside his Gold Coast apartment and gave no hint of the tragic events that were about to unfold in the early hours of August 8, 2014.
They were the last pictures taken of Ms Wright before she plunged to her death from Tostee’s 14th floor balcony.
The 30-year-old carpet layer has pleaded not guilty to Ms Wright’s murder.
Gable Tostee and Warriena Wright.Source:Supplied
Police seized the photos from a camera owned by Tostee that was located inside his apartment.
A witness told the court he witnessed the horror of Ms Wright’s death plunge after being alerted by her scream for help.
From his balcony on the 12th floor, Nick Casey looked up to see Ms Wright hanging over Tostee’s balcony, and tried to yell to her to climb back over.
“I heard her say, ‘I want to go home’, I heard her say, ‘help’ and at that point I said to her, ‘go back inside’ and it wasn’t long after that she fell,” he said.
“She fell straight past where I was standing on the balcony and ricocheted off a few balconies below us and kept going to the ground.”
The images were tendered after the jury in Tostee’s murder trial heard audio recordings the accused made which revealed Ms Wright’s terrified screams.
Tostee can be heard breathing heavily after Ms Wright disappears from his Gold Coast balcony.
He can also be heard attempting to make a phone call that goes unanswered.
He then apparently leaves the apartment building and calls his father, Gray, to come and pick him up.
“Hello Dad, I might have a bit of a situation,” he says.
After explaining what happened, he goes on, “She kept beating me up and whatever and, um, I locked her out on the balcony and I think she might have jumped off.
“There’s a million cops around my building, I’m f***ed.
“I don’t know what to do.
“I didn’t cause this, I didn’t push her or anything.
Warriena Wright. Picture: Police MediaSource:Supplied
Police re-enactment of the circumstances leading to Warriena Wright’s death. Picture: AAP Image/Dan Peled/Queensland Supreme CourtSource:AAP
“I’m just walking around the area and there’s a million cops around the area.”
Tostee sounds calm throughout the conversation with his father.
When the elder Tostee comes to collect him, he asks if he needs to go to hospital.
“Why,” his son asks.
“Well, it’s traumatic,” he responds.
Tostee explains to his father that he and Ms Wright had watched a movie and had sex throughout the course of the evening but that she drank heavily.
“The last thing I remember is trying to hold her down and she ran out onto the balcony. I hope I just imagined it,” he says.
“I might have locked her on the balcony … I absolutely did not throw her off my balcony. I would never do anything like that.”
Despite the police presence around his apartment building, Tostee apparently did not yet know Ms Wright had died.
“God, I hope she’s not dead,” he says. “What if she’s dead? What if she jumped?”
His father replied, “Don’t worry. There’s nothing you can do about that.”
“This is so f***ed up. Why has this happened to me,” he asks.
As he continually attempts to call his lawyer, Tostee can be heard fearing he does not have proof he did not push Ms Wright off his balcony.
“I do have photos of me and her, like, selfies. But I don’t know if I have any proof of her being aggressive,” he says.
“The truth comes out,” his father replies. “It will.”
The jury in the murder trial earlier heard the last chilling moments of Ms Wright’s life, as the accused killer allegedly locked her on his balcony after she was growing increasingly aggressive.
“No, no, no, no, no. I want to go home. Just let me go home,” she is heard saying on the audio.
“I would, but you’ve been a bad girl,” he replies.
Ms Wright’s screams pierced the courtroom, as she appeared to be begging for her life.
Tostee can be heard asking a slurring Ms Wright to leave his apartment, in an increasingly threatening tone.
“You goddamn psycho bitch. I’m going to let you go, I’m going to walk you out of this apartment, just the way you are,” he says.
“You’re not going to collect any belongings. I’ll slam the door on you. You’re not going to pull anything or I’ll knock you the f*** out.”
A muffled scuffle ensues between the pair, in which Ms Wright repeatedly cries, “no, no, no no” and “I want to go home. Just let me go home.”
The noise is silenced by the sound of a sliding door, which fits with the Crown’s contention that Tostee locked her on his 14th floor balcony.
Within moments, the 26-year-old had fallen to her death.
The prosecution alleges the 26-year-old was fleeing in terror from Tostee when she attempted to climb over this balcony to the one below.
Hairdresser Emily Ellis also watched from the 12th floor balcony as Ms Wright fell.
“She was in a hanging position but … I wasn’t able to make out what she was doing,” she said
“I said (to another person in the apartment) I couldn’t work out what she was doing, I said I don’t know what she’s doing and she fell.”
The trial continues before Justice John Byrne.
Police photograph of Gable Tostee’s 14th floor Surfers Paradise apartment. Picture: AAP Image/Dan Peled/Queensland Supreme CourtSource:AAP
Yesterday the first part of the explosive audio recording was played in court, capturing Ms Wright’s final hours in Tostee’s Gold Coast apartment.
It revealed the New Zealander was drunk, at times incomprehensible and repeatedly violent to the man charged with her murder.
“I’ve met some weird people on Tinder,” the 30-year-old murder accused was heard to say, as the drunk Ms Wright apparently swings in and out of violent episodes towards him.
The trial, before Justice John Byrne, is continuing.
AN EXPLOSIVE audio recording played in court that captured Warriena Wright’s final hours in Gable Tostee’s Gold Coast apartment has revealed the New Zealander was drunk, at times incomprehensible and repeatedly violent to the man charged with her murder.
“I’ve met some weird people on Tinder,” the 30-year-old murder accused is heard to say, as the drunk Ms Wright apparently swings in and out of violent episodes towards him.
The first part of the secret recording Tostee made of the 26-year-old New Zealander was played to the jury in his murder trial on Monday afternoon.
Ms Wright plunged 14 floors to her death off Tostee’s apartment on August 8, 2014.
The Crown has argued Ms Wright was fleeing for her life when she tried to climb down offTostee’s balcony to the level below and lost her grip. Images of a police re-enactment of Ms Wright’s legs dangling off the balcony were tendered to the court yesterday.
Tostee has pleaded not guilty to the murder charge.
A police re-enactment of the scene below Tostee’s apartment as Ms Wright tries to climb down.Source:Supplied
In the expletive-laden tape, which runs for more than three hours, Tostee is heard to repeatedly try to calm Ms Wright down as she becomes aggressive and lashes out at him.
At one point, she accuses him of stealing her phone.
“Where’s my f***ing s***? My f***ing data,” she says.
Asked what it looks like, she yells, “it looks like a f***ing iPhone”.
Ms Wright insists on leaving, but Tostee tries to stop her.
“I didn’t say you have to leave, I just said stop beating me up,” he said.
She asks him again where her things are.
“I will f***ing destroy your jaw. It’s not f***ing funny,” she says.
“Look that’s your stuff right there,” he replies.
“Get it for me. Get it for me. Get it for me,” she yells.
“I’m calling the police, get it for me. Get it for me now.
“I’m going to call the police and they are going to come here. I’m going to call the police … You stole my f***ing phone.”
“I didn’t,” he protests.
“I should never have given you so much to drink.
“I don’t deserve this s***, I’m a nice f***ing guy.”
Police photograph of Gable Tostee’s 14th floor Surfers Paradise apartment. Picture: AAP Image/Dan Peled/Queensland Supreme CourtSource:AAP
Ms Wright was on a two-week holiday in Australia when she matched with the then 28-year-old carpet layer, who lived in his father’s Surfers Paradise apartment.
The couple spent the evening of August 7 in the apartment, drinking and having sex, before a final confrontation was followed by Tostee locking her on his balcony.
Soon after, she plunged 14 floors to her death.
An audio recording of Warriena Tagpuno Wright reveals she was apparently drunk before she fell to her death of a 14th-storey balcony.Source:Facebook
The downstairs neighbour testified that she was woken by something that sounded like furniture being thrown around the apartment above her, before hearing a panicked woman crying, “No, no, no”.
She opened her own balcony door to see Ms Wright’s legs dangling before her, then watched in horror as she fell to the driveway below, clipping her balcony rail in the fall.
Ms Wright died of extensive head injuries.
The 30-year-old displayed no emotion in the dock of the Brisbane Supreme Court on Monday, as the audio of him and Ms Wright was played for the jury.
To the background sounds of James Blunt and Kanye West, among others, Tostee is heard to profess an apparently healthy self-confidence, when Ms Wright compliments his good-looking feet.
“I know, everything’s good looking with me,” he tells her.
“But I won’t look like that if you keep beating me up. I’ll look like tenderised meat.”
At one point, Ms Wright tells him the decorative rocks on his coffee table are gods, before apparently throwing them at him.
Police photograph of inside Gable Tostee’s apartment. Tostee is accused of murdering New Zealand woman Warriena Wright. Picture: AAP Image/Dan Peled/Queensland Supreme CourtSource:AAP
He tells her he gave her too much to drink, but it apparently does not dull his attraction to his Tinder date.
“I’m totally flattered my vodka has done this to you,” he says to her.
“You’re kind of mental but really cute in a way.”
As opposed to his date, Tostee sounds relatively sober, which he acknowledges.
“You’re so much drunker than me, I need to catch up,” he says.
The trial, before Justice John Byrne, is continuing.
Gable Tostee (Eric Thomas) appearing for the death of Warriena Wright. Picture: Annette DewSource:News Corp Australia
Gable Tostee: Screaming, shouts of ‘no’ captured prior to Warriena Wright’s balcony fall, court hears
An audio recording of a fight between Gable Tostee and the woman he is accused of murdering includes noises “consistent with her being choked or strangled in some way”, a Brisbane court has heard.
Tostee today pleaded not guilty to murdering New Zealand tourist Warriena Wright on the Gold Coast in August 2014.
Ms Wright, 26, fell from a balcony located on the 14th floor of a Surfers Paradise apartment block.
Tostee, 30, was living in the apartment at the time.
The Supreme Court trial is underway after a jury was empanelled this morning.
Opening the crown case, prosecutor Glen Cash said Ms Wright and Tostee first made contact on the dating app Tinder on August 1, 2014.
They arranged to meet in Cavill Avenue on Thursday August 7 about 8:45pm, went to a bottle shop to buy beer and then went to Tostee’s 14th floor apartment in the Avalon building.
Mr Cash said the crown would allege that over the next few hours they drank alcohol and were intimate before an altercation occurred in the early hours of Friday morning.
He said a key piece of evidence was an audio recording of the events leading up to Ms Wright’s death, made on Tostee’s phone.
He said of particular interest was the altercation that happened prior to her being locked on the balcony.
Mr Cash said the recording would be played and included noises “consistent with her being choked or strangled in some way”.
The court would “hear noises of her screaming, shouting ‘no’,” he said.
“The defendant was inside the apartment having locked Warriena outside on the balcony.
“The defendant did not throw Warriena over the balcony, he did not push her over the balcony.”
Mr Cash said they would allege Ms Wright had no other means of escaping other than climbing over the balcony, and she fell to her death when she tried to do so.
Defence lawyer disputes choking claim
He told the court there was no evidence this occurred, arguing Tostee had merely restrained Ms Wright in self-defence.
Mr Holt said during the altercation Ms Wright had become “increasingly erratic” and had thrown rocks at Tostee and hit him with a parts from a telescope.
Mr Holt said Tostee had repeatedly asked Ms Wright to stop and asked her to leave, and the recording would show that.
He said it was within the law for someone to use reasonable force to defend themselves or their property.
“It is a desperate tragedy that Warriena Wright died,” Mr Holt said.
“This is a case where what happened is relatively straightforward.”
More than 20 witnesses are expected to testify before Justice John Byrne.
Tostee was granted bail in November 2014 on the condition he lived with his parents, refrained from using online dating sites and received treatment for a diagnosed alcohol problem.