Gable Tostee’s lawyer says there is a manslaughter case against his client, but no evidence Tostee murdered a New Zealand woman he met online.
Gold Coast playboy Gable Tostee’s lawyer concedes there’s a case against the 28-year-old for the manslaughter of a New Zealand woman, but no case for murder.
Tostee’s defence team says 26-year-old Warriena Wright assaulted Tostee at his Surfers Paradise high-rise unit early on August 8 before she apparently fell to her death.
A dispute occurred between the pair then Tostee locked Ms Wright on the balcony before she climbed over a railing and apparently fell, according to written arguments by Tostee’s barrister, Anthony Kimmins, which was submitted during a bail hearing on Monday.
Prosecutors, who opposed bail, said although it appeared Tostee was inside the apartment when Ms Wright fell, she died trying to escape him and was acting out of the justified fear he would hurt her.
Supreme Court Justice Debra Mullins told Tostee’s lawyer it would be difficult to prove Tostee murdered Ms Wright, but it looked like a reasonably strong case for manslaughter.
“My submission is there would be a prima facie case in relation to manslaughter as opposed to murder,” Mr Kimmins replied.
Details of an audio recording of Ms Wright’s final hours and a medical report listing numerous minor injuries on Tostee’s body were submitted during Monday’s Supreme Court hearing.
Tostee was not present but his mother and younger brother were.
The bail bid was adjourned after 20 minutes when Justice Mullins requested information about Tostee’s previous diagnosis of autism.
A doctor who examined Tostee on the afternoon of August 8 found fresh cuts and red marks on his face and body, according to a medical report submitted by prosecutors.
The doctor said some marks were possible fingernail scratches and one wound on Tostee’s lower leg was probably made by an object.
Police allege a struggle broke out between Tostee and Ms Wright about 2.13am on August 8 after the pair had been drinking and socialising. They met on mobile dating app Tinder.
A police transcript of a recording made by Tostee alleges he told Ms Wright to stop beating him up, choked her and threatened to throw her from his balcony.
“You are lucky I haven’t chucked you off my balcony you goddamn psycho little bitch,” he said, according to the transcript contained in a police affidavit.
The affidavit said a door was heard sliding open and at 2.19am, a woman was heard repeatedly screaming “No” and then saying “Just let me go home”.
“I would but you have been a bad girl,” Tostee allegedly responded.
The door was slid shut and 26 seconds later, a fading scream was heard.
Police say Tostee called his lawyer and his father before fleeing the building. He handed himself him in the next day.
The carpet layer, who has boasted online of sleeping with scores of women, was arrested on August 15 and charged with Ms Wright’s murder.
He denies the allegation.