Final arguments in Tostee murder trial

The prosecutor and defence lawyer in the murder trial of Gable Tostee have made their final arguments to the Brisbane Supreme Court jury.

CLOSING ARGUMENTS IN TOSTEE MURDER TRIAL:

WHO: Gable Tostee, 30, on trial in Brisbane Supreme Court for murder of New Zealand tourist Warriena Wright.

WHAT: Ms Wright, 24, fell to her death climbing over Tostee's 14th floor Surfers Paradise balcony in the early hours of August 8, 2014.

HOW: Audio recording made on Tostee's mobile phone was key evidence, capturing sounds of the lead-up to and eventual death of Ms Wright.

PROSECUTOR GLEN CASH:

- "He has caused her death as much as if he pushed her from the balcony himself"

- Tostee used more force than reasonably necessary to restrain Ms Wright, who threw small rocks at him

- Taunted Ms Wright and sounded angry as he used his body weight to keep her pinned on the ground

- "Tall and muscular" Tostee dominated "slight and petite" Ms Wright

- Intimidated her with comments including, "you're lucky I haven't chucked you off my balcony, you goddamn psycho bitch"

- Used unnecessary force to restrict her breathing, possibly with a chokehold, when she allegedly hit him in the head with a metal clamp. She acted in self-defence

- Cut off her only means of escape by locking Ms Wright out on the balcony, ignored her pleas to let her go because she'd "been a bad girl"

- Ms Wright was so terrified the only chance she had to escape was to climb down to seek refuge in the apartment below.

DEFENSE BARRISTER SAUL HOLT QC:

- "You don't get convicted of murder or manslaughter for saying stupid things or for being angry"

- "Massively drunk" Ms Wright said and did erratic and irrational things entire evening, (she was) "out of control"

- Tostee managed "craziness" of person he'd only just met with patience, gentlemanly manner

- Tostee lawfully permitted to restrain her because she attacked him with rocks in his own home

- Possible "gurgly" sounds not him choking her, likely just breathing laboured after struggle

- Ms Wright hit Tostee in head with metal clamp after he restrained her

- Tostee de-escalated situation by shutting and locking balcony door, creating safe space for both of them

- Not foreseeable Ms Wright would climb over balcony seconds later in darkness to "certain death"

- Tostee's actions afterwards including calling a lawyer and buying pizza not reflective of guilt.


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Source: AAP


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