Tostee murder charge: Experts divided on whether enough evidence

SHOULD Gable Tostee have faced prosecution for murder? It’s the question that has divided Queensland’s legal fraternity in the two years since Mr Tostee was charged, and continues to do so after his acquittal.

Warriena Wright and Gable Tostee inside his 14th-floor Surfers Paradise apartment just hours before the New Zealand tourist plummeted to her death.

• Gable Tostee found not guilty of murder
• Juror almost caused mistrial in Tostee trial

SHOULD Gable Tostee have faced prosecution for murder?

It’s the question that has divided Queensland’s legal fraternity in the two years since Mr Tostee was charged, and continues to do so after his acquittal.

The ultimate decision on whether to run a murder trial rests with Director of Public Prosecutions Michael Byrne, whom legal sources say would have received regular briefings from the experienced prosecutor in charge of the case, fellow Queen’s Counsel Glen Cash.

Lawyer Michael Bosscher said he was “very surprised” the DPP pursued the murder charge. “My view is that they were always going to struggle significantly to prove murder,” Mr Bosscher said.

Director of Public Prosecutions Michael Byrne had the decision of whether or not to run a murder trial. Pics Tim Marsden

Bond University criminologist Terry Goldsworthy said he believed the case should have gone straight to the State Coroner’s office, which police confirmed yesterday would now occur.

“My initial reaction when he was charged was I didn’t think there was sufficient evidence there at that stage, and nothing during the trial changed my opinion on that,” he said.

But Dr Goldsworthy said he did not expect “too much to come out of the Coroners Court at all” now that it had been referred.

Solicitor Adam Magill said he understood why the DPP chose to continue with the murder charge.

“I understand what they did, there were certain issues that were subject to the investigation that they obviously believed would have been (open to) consideration for the jury,” Mr Magill said.

“But it was always going to be an issue for the jury what they thought was reasonable.”

University of Queensland Law School professor Heather Douglas said there was ­“sufficient evidence to justify” the case.

“I think it made sense for them to prosecute murder in the case and leave it for the jury to determine,” she said.

Mr Tostee’s own lawyer, Nick Dore, said he could understand “to some degree” why the murder case was ­pursued.

“Murder was always going to be a hard charge to prove given the complexities of the case,” he said.

“But I understand to some degree why the DPP elected to proceed with that charge.”

Gable Tostee and Warriena Wright in his apartment just hours before her death.