Queensland

Gable Tostee trial: Tostee declines to testify in murder trial

Revealed: Timeline of Warriena's final night

Accused killer Gable Tostee will not give evidence at his trial over the alleged murder of New Zealand tourist Warriena Wright.

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Jury urged to consider Warriena's fear

A jury is told that if Warriena Wright climbed over Gable Tostee's balcony due to fear of what he would do to her, then he is guilty. Nine News

Defence barrister Saul Holt QC told the Supreme Court his client would not be giving evidence and he would not be calling any witnesses to give evidence either.

Crown prosecutor Glenn Cash has begun his closing arguments, attempting to convince the jury that the deceased 26-year-old had been trying to climb from Mr Tostee's 14th-floor balcony because she feared what he would do to her if she went back inside.

If not murder, he would seek a decision of manslaughter as an alternative, he said.

Mr Cash said the question of why Ms Wright was attempting to climb down from the Gold Coast apartment building on August 8, 2014, would be key to a decision.

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"The answer to that question is fear," he said.

"Fear of the defendant. Fear of Gable Tostee. Fear of what he would do to her if he let her back inside."

Gable Tostee leaves the court on Thursday with his lawyer Nick Dore.
Gable Tostee leaves the court on Thursday with his lawyer Nick Dore. Photo: Tertius Pickard

He said if the jury was satisfied the defendant had instilled fear and terror into Ms Wright then he caused her death as much as if he'd pushed her.

Mr Cash argued Mr Tostee used excessive force in responding to Ms Wright throwing ornamental rocks at him.

The Supreme Court was on Tuesday presented with photos of Mr Tostee and Ms Wright taken on Mr Tostee's phone the night ...
The Supreme Court was on Tuesday presented with photos of Mr Tostee and Ms Wright taken on Mr Tostee's phone the night Ms Wright died. Photo: Twitter/7 News

The court heard Ms Wright had "probably" unlawfully assaulted Mr Tostee earlier in the evening, before she plunged to her death from his balcony.

He "wrestled" with her, restrained her "for some time", and appeared to have brought the situation under control fairly quickly, Mr Cash said.

Mr Tostee and Ms Wright were captured on CCTV meeting for the first time face to face in the hours before her fatal fall.
Mr Tostee and Ms Wright were captured on CCTV meeting for the first time face to face in the hours before her fatal fall. Photo: Ben Bissett

"His dominance of her is positioning such that she is no danger," he said.

The prosecutor asked the jury to consider whether Mr Tostee's response was a reasonable use of force.

The jury was again played excerpts of an audio recording taken on the defendant's phone on the night.

It heard Mr Tostee tell her she was lucky he hadn't thrown her off the balcony, call her a "goddamn psycho little bitch" and order her out of his apartment, and her screams of "no, no, no".

Further along in the recording, Mr Cash suggested the sounds heard were "gurgling" as he alleged Mr Tostee was restricting the deceased's breathing, possibly by a chokehold, for at least 45 seconds.

On Thursday, pathologist Dianne Little said there was no physical evidence Ms Wright had been choked or strangled but agreed there was a small possibility such an act could occur without leaving a mark.

Mr Cash said the defendant used "excessive force" in restraining the "petite" Ms Wright and if she had armed herself with a clamp or telescope found in the room, that was "perfectly legitimate".

"She is by this point defending herself against the conduct of the defendant rather than the other way around," Mr Cash said.

Mr Cash played the section of audio captured as Ms Wright was forced out onto the balcony, saying she was experiencing "terror, bordering on hysteria".

Mr Tostee, 30, has pleaded not guilty to murder.

The trial continues.

Timeline of Warriena Wright's final night

Based on CCTV and audio recording exerts tendered in murder trial

Thursday, August 7, 2014

8.46pm - Gable Tostee and Warriena Wright meet for their Tinder date on Cavill Ave, Gold Coast.

8.50pm - Mr Tostee buys a six-pack of beer from BWS.

8.53pm - They get into lift at his block of units. Last time Ms Wright is seen alive.

Friday, August 8, 2014

Mr Tostee starts recording audio on his mobile phone at 1.05am

2.14am - Mr Tostee: "You have to leave." Ms Wright: "It's all good." Tostee: "You're f---ing insane."

2.15am - Mr Tostee: "You're lucky I haven't chucked you off my balcony, you goddamn little psycho b----."

2.17am - Mr Tostee: "I'm gonna let you go, I'm gonna walk you out of this apartment just the way you are. You're not going to collect any belongings, you're just going to walk out. I'm gonna slam the door on you. If you try to pull anything I'll knock you out, I'll knock you the f--- out."

Heavy breathing then crashing sound

2.20am - Mr Tostee: "You just don't understand. Let go! You think if you hit me I'll just fall down like in the movies?"

Ms Wright: (screaming) "No, no, no, no, no. Just let me go home."

Mr Tostee: "I would but you have been a bad girl."

Ms Wright: (screaming) "I want to go home, I want to go home."

Distant scream followed by loud heavy breathing

2.22am - Mr Tostee: "Shit." (call goes to voicemail) "Where the f--- are my keys?"

2.23am - Gets out of lift on ground floor, paces around, goes back in.

2.25am - Gets out of lift in basement, leaves building via car park.

3.07am - Mr Tostee continues walking around Gold Coast entertainment precinct.

3.11am - Orders and eats pizza from Cavill Ave shop.

Mr Tostee calls father

Mr Tostee: "Hello dad, might have a bit of a situation ... I locked her out on the balcony and I think she might have jumped. I've been walking around and there's million cops around my building ... I swear to god I didn't push her. I just chucked her out on the balcony because she was beating me up ... why does s--- happen to me, I didn't do anything wrong."

3.44am - Mr Tostee picked up by father Gray Tostee in car.

Mr Tostee: "Oh my god, I hope she's not dead."

With AAP