Gable Tostee murder trial: Jury still unable to reach a verdict, will return for fourth day of deliberations

The jury in the Gable Tostee trial started deliberating on Monday. Photo / AP
The jury in the Gable Tostee trial started deliberating on Monday. Photo / AP

The jury in the Gable Tostee trial have ended a third day of deliberations without a verdict.

The jury were given an extra hour and a half to deliberate before being sent home for the night.

Deliberations will begin again at 9.30am local time (12.30pm NZT).

Jurors deliberating the fate of the accused murderer earlier asked Justice John Byrne whether language should be considered force.

The jury, which retired to deliberate just after 12.30pm Monday, asked the question of the judge on Wednesday afternoon.

It comes after Justice Byrne sent them back into the jury room, after they sent him a note on Tuesday saying they could not reach a unanimous verdict.

Justice Byrne told them: "The short answer is 'No.'"

In a brief explanation to jurors, he then went on to say that only the physical force used by Tostee to move Warriena Wright onto his balcony should be regarded as force.

The jury has retired once again to further deliberate.



The jury had previously stated they were struggling to reach an unanimous verdict.

The six men and six women jurors have been deliberating since early Monday afternoon on whether Tostee murdered his New Zealand Tinder date, Warriena Wright, in August 2014.

They indicated on Tuesday afternoon they were having difficulties reaching a decision but were told by Brisbane Supreme Court Justice John Byrne to persevere.

Justice Byrne allowed the jury to go home overnight and return on today at 9.30am to continue their deliberations.

Warriena Wright fell to her death after allegedly trying to escape.
Warriena Wright fell to her death after allegedly trying to escape.

The jurors have asked the judge several questions during their almost eight hours of deliberations.

In the first note, they asked what Tostee's age at the time of the alleged offence was, if they should consider how drunk Ms Wright was, and the nature of an item in Tostee's hand seen on CCTV footage after she died.

The second note asked two more questions relating to a home owner's right to remove a disorderly person from their apartment.

Tostee is not alleged to have pushed or thrown Ms Wright from his 14th-floor balcony but intimidated her so greatly, she felt climbing over the railing was the only way to escape from him.

The jury are asked to find him guilty of murder, or the lesser charge of manslaughter.

- AAP

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