Gable Tostee, a 30-year-old carpet fitter from the Gold Coast, has been found not guilty of murder or manslaughter of Warriena Wright, 26, who fell to her death from his 14th-floor apartment. The jury of six men and six women deliberated for four days before reaching the verdict at the Supreme Court in Brisbane on Thursday.
The crown alleged that Tostee left Wright in such a state of fear that she felt compelled to climb over the balcony railing after he locked her outside. However, the defence argued that Tostee used reasonable force to subdue Wright, who had become increasingly erratic after drinking for several hours. Tostee had pleaded not guilty to murder.
The key evidence was a 199-minute mobile phone recording made by Tostee, capturing the pair's increasingly fractious interaction, including the moment Wright fell. Prosecutors claimed sounds consistent with choking were heard, but Tostee denied this. Justice John Byrne instructed the jury that they could not find Tostee guilty simply because they thought he should have behaved differently, quoting Billy Wilder: 'hindsight is always 20-20'.
Wright, a New Zealander on holiday, had met Tostee for the first time on 7 August 2014 after connecting on Tinder a week earlier. The case attracted widespread international media interest due to the use of the dating app. Wright's family wept as the verdict was read, as did Tostee's family and some jurors.
After the verdict, Justice Byrne thanked the jury but expressed disappointment over a juror posting on Instagram during deliberations, which prompted discussions about discharging the jury. He accepted the verdict after consulting lawyers, stressing the seriousness of violating the social media ban.
