Monday, September 8, 2014

Australia: Hearing Evidence Supports a Strong Case to Support Manslaughter

According to the Australia-based The Courier Mail, it will be “difficult” to prove Gable Tostee, 28, murdered New Zealand tourist Warriena Tagpuno Wright, 26, as the case stands, a Supreme Court justice has said.
Justice Debra Mullins told a bail hearing that a murder charge would be hard to prove considering Tostee did not appear to have been on the balcony at the time Wright fell from the 14th floor.
Yet, Justice Mullins did acknowledge that there appears to be grounds for manslaughter.
Tostee, 28, did not appear in the Supreme Court today (September 8) as his lawyers attempted to release him on bail.
“You’ve got that difficulty that although theoretically your client wasn’t on the balcony, it makes the murder case a little bit more difficult.
COMMENT:“But that does depend on what comes out in evidence as to what occurred in the apartment before Wright went onto the balcony.
Barrister Tony Kimmins, for Tostee, said his submission was “it would be a prima facie case in relation to manslaughter, as opposed to murder."
Justice Mullins said it made little difference to the bail application.
“The reality is, sentences for manslaughter are significant, so the same issue about flight risk arises,” she said.
Justice Mullins also questioned why there was no material evidence provided about Tostee’s previous diagnosis of autism.
“Your client seems to have been diagnosed previously as being on the autism spectrum and it’s not covered in his parents’ affidavits, it’s not covered in his affidavit.
Barrister Kimmins said it may have been some time since his client had seen a specialist on autism.
The hearing was adjourned to a date to be set so lawyers for Tostee could gather the information on his condition.