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You can find the current article at its original source at https://www.theguardian.com/australia-news/2016/oct/20/gable-tostee-cleared-over-death-of-warriena-wright-during-tinder-date
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Gable Tostee found not guilty over death of Warriena Wright during Tinder date | Gable Tostee found not guilty over death of Warriena Wright during Tinder date |
(35 minutes later) | |
Gable Tostee has been found not guilty of the murder or manslaughter of his Tinder date, Warriena Wright, after four days’ of deliberation by the jury in a case that has shone a light on the use of the dating app. | Gable Tostee has been found not guilty of the murder or manslaughter of his Tinder date, Warriena Wright, after four days’ of deliberation by the jury in a case that has shone a light on the use of the dating app. |
Tostee, a 30-year-old carpet fitter from the Gold Coast in Australia, walked free on Thursday after being cleared of killing Wright, 26, who fell to her death from his 14th-floor apartment. | Tostee, a 30-year-old carpet fitter from the Gold Coast in Australia, walked free on Thursday after being cleared of killing Wright, 26, who fell to her death from his 14th-floor apartment. |
Tostee did not comment to the waiting media throng as he left the supreme court in Brisbane but stood in silence next to his lawyer, who said his client “looking forward to moving on with his life”. | |
Wright’s family wept as the verdict was read out – as did members of Tostee’s family and some jurors. | |
The crown alleged that Tostee had left Wright in such a state of fear and intimidation that she felt the only way to escape was by climbing over the railing of the balcony after he locked her outside. | The crown alleged that Tostee had left Wright in such a state of fear and intimidation that she felt the only way to escape was by climbing over the railing of the balcony after he locked her outside. |
But defence lawyers said Tostee had used reasonable force to subdue Wright, who had become “increasingly erratic” after several hours’ drinking. He had pleaded not guilty to a charge of murder. | But defence lawyers said Tostee had used reasonable force to subdue Wright, who had become “increasingly erratic” after several hours’ drinking. He had pleaded not guilty to a charge of murder. |
Wright, on holiday on the Gold Coast from New Zealand, had met Tostee for the first time that night, 7 August 2014. They had made contact on the Tinder a week earlier with the pair’s use of the dating app attracting widespread international media interest. | Wright, on holiday on the Gold Coast from New Zealand, had met Tostee for the first time that night, 7 August 2014. They had made contact on the Tinder a week earlier with the pair’s use of the dating app attracting widespread international media interest. |
The key piece of evidence in the trial was a 199-minute mobile recording made by Tostee that captured the pair’s increasingly fractious interaction, including the moment Wright fell to her death. | The key piece of evidence in the trial was a 199-minute mobile recording made by Tostee that captured the pair’s increasingly fractious interaction, including the moment Wright fell to her death. |
Up to 45 seconds of Tostee’s recording captured sounds that prosecutors said were consistent with him choking Wright, which Tostee denied. | Up to 45 seconds of Tostee’s recording captured sounds that prosecutors said were consistent with him choking Wright, which Tostee denied. |
That point, and whether Tostee was culpable for her death, were the only points in dispute between the crown and the defence. | That point, and whether Tostee was culpable for her death, were the only points in dispute between the crown and the defence. |
The jury of six men and six women retired on Monday and spent four days deliberating before reaching a verdict of not guilty of murder or manslaughter. | The jury of six men and six women retired on Monday and spent four days deliberating before reaching a verdict of not guilty of murder or manslaughter. |
Justice John Byrne had instructed the jury in his directions on Monday they could not find Tostee guilty just because they think he should have behaved differently. “It would be wrong for you to use any of the evidence ... as a base for the prosecution for murder.” | Justice John Byrne had instructed the jury in his directions on Monday they could not find Tostee guilty just because they think he should have behaved differently. “It would be wrong for you to use any of the evidence ... as a base for the prosecution for murder.” |
Byrne quoted the Hollywood director Billy Wilder to warn the jury “hindsight is always 20-20”. | Byrne quoted the Hollywood director Billy Wilder to warn the jury “hindsight is always 20-20”. |
The jury was told that they could only find Tostee guilty of murder if they were satisfied beyond reasonable doubt that he had the intention to cause her grievous bodily harm. | The jury was told that they could only find Tostee guilty of murder if they were satisfied beyond reasonable doubt that he had the intention to cause her grievous bodily harm. |
The guilty verdict of manslaughter was also available to the jury if they found he unlawfully killed Wright but did not have the intention to cause her grievous bodily harm. | The guilty verdict of manslaughter was also available to the jury if they found he unlawfully killed Wright but did not have the intention to cause her grievous bodily harm. |
Jurors asked Byrne several questions in their deliberation, including about homeowners’ rights to remove disorderly people, whether language should be considered force, and the extent to which alcohol consumption should be taken into account in reaching a verdict. | Jurors asked Byrne several questions in their deliberation, including about homeowners’ rights to remove disorderly people, whether language should be considered force, and the extent to which alcohol consumption should be taken into account in reaching a verdict. |
Wright’s mother criticised the judge for allowing the media to report the details of the harrowing audio recording, saying “I did not want to hear my daughter screaming, ‘No, no, no, no, no,’” in a statement midway through the high-profile trial. Her appeal to the judge to ban reporting of the recording was only allowed to be revealed after the verdict. | |
After the verdict was announced, Byrne thanked the jury for their involvement. He said the delay in announcing the verdict on Thursday afternoon was due to information posted by a juror on Instagram. | After the verdict was announced, Byrne thanked the jury for their involvement. He said the delay in announcing the verdict on Thursday afternoon was due to information posted by a juror on Instagram. |
Byrne said “it [disappointed] him to say” that the posts to Instagram prompted conversations that they might have to discharge the jury. | Byrne said “it [disappointed] him to say” that the posts to Instagram prompted conversations that they might have to discharge the jury. |
He chose to accept their verdict after some discussion with lawyers but stressed the seriousness of the juror’s violating the social media ban. | He chose to accept their verdict after some discussion with lawyers but stressed the seriousness of the juror’s violating the social media ban. |