NZ Herald Focus logo

Gable Tostee murder trial: Verdict understood to have been reached

The jury charged with hearing the case of murder-accused Gable Tostee returned to court at 5.30pm and it is understood a verdict has been reached.

Just after 3pm New Zealand time Tostee, his legal team and supporters, police, the family and friends of his alleged victim and the trial judge all reconvened in the Brisbane Supreme Court.

According to reports the six men and six women have reached a verdict.

However, it will not be given until after the afternoon adjournment.

The Tostee jury entered its fourth day of deliberations and it's impossible to know what is going on inside the jury room.

But there have been a few clues as to what the 12 ordinary members of the public selected to hear the case have been grappling with.

On Tuesday, they told Justice John Byrne they were unable to reach a unanimous verdict, however, he sent them back to the jury room to continue deliberations in a bid to do so.

"Experience has shown juries can often agree if given enough time to consider and discuss the issues," he told them.

Jurors deliberated for an extra 90 minutes late yesterday but at 6pm asked to be sent home and will resume discussions this morning.

They have asked six questions since they began their deliberations on Monday.

A question about Tostee's age at the time of the offence

They were told Tostee's age was not part of the evidence, and they must not draw any conclusions from it.

What was Tostee holding in his hand that was seen on CCTV footage as he left the apartment?

In regards to the silver object, Justice Byrne said jurors they should only assess information presented in the trial, adding there was no evidence beyond the CCTV footage.

"You should not speculate about evidence in this trial."

CCTV footage of Gable Tostee with Warriena Wright on the night she fell from his Gold Coast apartment. Photo / News Corp Australia
CCTV footage of Gable Tostee with Warriena Wright on the night she fell from his Gold Coast apartment. Photo / News Corp Australia

Wright's level of drunkenness was asked about - specifically if her intoxication was a factor they should take into account when determining if her decision to climb over the balcony was rational and reasonable.

Justice Byrne responded: "A jury of your accumulated experience of life scarcely needs a judge to point out that excessive consumption of alcohol can impair judgment ... People, when drunk do things, they would not when sober," he said.

"The degree of Warriena Wright's intoxication when the accused moved her onto the balcony has potential to bear on your consideration as to whether the decision to climb over the balcony was a reasonable and rational or proportionate response to the accused's conduct."

The jury asked if Warriena Wright's level of intoxication was a factor they should take into account. Photo / Supplied
The jury asked if Warriena Wright's level of intoxication was a factor they should take into account. Photo / Supplied

Jurors asked at which point on the audio recording Tostee made is he regarded as removing a disorderly person from his property.

"It does not matter when," Justice Byrne answered.

"You must find the accused not guilty of both murder and manslaughter unless you are satisfied beyond reasonable doubt that the accused used more force than necessary in removing Warriena Wright from his unit."

They asked if the act of Tostee putting Wright on his balcony constituted removing her from his property.

Justice Byrne's reply was brief.

"Yes," he answered.

Then a question about language. "Is language to be considered force?"

Justice Byrne told them it wasn't.

- news.com.au

Get the news delivered straight to your inbox

Receive the day’s news, sport and entertainment in our daily email newsletter

SIGN UP NOW

© Copyright 2017, NZME. Publishing Limited

Assembled by: (static) on production bpcf05 at 28 Mar 2017 17:52:52 Processing Time: 634ms