Judge tells Tostee jury to press on for verdict
The jurors deliberating in the case of Gable Tostee were yesterday ordered to continue deliberations in a bid to find a unanimous verdict, after telling the judge they could not reach one.
The jury sent Justice John Byrne a note in the Brisbane Supreme Court just after 3pm local time. Justice Byrne told the jurors to return to the jury room.
“Experience has shown that juries can often agree if given enough time to consider and discuss the issues,” he said.
“But if, after calmly considering the evidence and listening to the opinions of other jurors, you cannot honestly agree with the conclusions of others, then you must give effect to your own view of the evidence.”
The jury were sent home for the day just before 6.30pm. Deliberations will continue today.
Earlier yesterday, jurors asked further questions of Justice Byrne, seeking clarification on two points surrounding the removal of Warriena Wright by Tostee from his Surfers Paradise apartment and on to his balcony.
In the first question, jurors asked at which point on the audio recording that 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.”
The jury — six men and six women — also asked if Tostee putting Wright on his balcony constituted removing her from his property. Justice Byrne’s reply was brief. “Yes,” he answered. The jury was then told to continue deliberations, before returning with yet another note — this time saying it could not reach a verdict.
Justice Byrne earlier instructed jurors that Wright’s level of drunkenness on the night she plunged to her death is a factor they must consider when determining if the decision she made to climb over Tostee’s balcony was a rational one.
Crown prosecutor Glenn Cash argued Wright chose to climb the balcony due to her “abject fear” of Tostee, while defence counsel Saul Holt, QC, argued Tostee locked Wright out on the balcony to de-escalate the violent situation in the apartment, in which Wright had repeatedly attacked him.
Tostee has pleaded not guilty to murder. The jury may also find a lesser charge of manslaughter.