Alleged Qld high rise killer 'not on balcony'
The man accused of murdering New Zealand tourist Warriena Wright was not on his Gold Coast balcony when she fell to her death, a court has heard.
Gable Tostee, 28, was denied bail in the Supreme Court on Monday, although Justice Debra Mullins said the case for murder appeared difficult to prove.
Yet, Justice Mullins said there was a reasonably strong case for manslaughter.
Mr Tostee is accused of killing Ms Wright, 26, only hours after the pair met on the mobile dating app Tinder on August 8.
Justice Mullins asked Crown Prosecutor Sarah Farnden whether Mr Tostee was on the balcony of his 14th-floor Surfers Paradise apartment when Ms Wright plunged to her death about 2.20am.
"The prosecution case is that the applicant wasn't on the balcony that Ms Wright fell from?" Justice Mullins asked.
Ms Farnden replied: "That appears to be the most likely scenario."
Tostee high rise death case: autism questions raised
A GOLD Coast man accused of murdering a New Zealand woman who plunged to her death from a high rise apartment balcony has had his bail application adjourned today.
Gable Tostee, 28, faces murder charges related to the death of Warriena Wright after she plunged 14 storeys to her death from his Surfers Paradise apartment in August.
Tostee was not present during the hearing in the Brisbane Supreme Court today, where a judge described the charges against him as "weak", the Gold Coast Bulletin reported.
Justice Debra Mullins gave Tostee's defence team more time to prepare part of the bail application.
A diagnosis of autism could have a bearing on how the court viewed what happened inside his apartment on the night Ms Wright died, Justice Mullins is reported to have said.
"If your client was not on the balcony, it makes the murder case a lot more difficult," she told defence barrister Tony Kimmins.
"But in the context of what happened in the apartment, I would think a manslaughter case is not weak."
Tostee has been in police custody since his arrest on August 15, a week after Ms Wright's death.
The Upper Hutt woman had been on the Gold Coast for a two-week holiday for a friend's wedding.
Ms Wright, 26, is believed to have met Tostee through mobile dating app, Tinder, hours before her death.
Tostee, who has reportedly boasted online about bedding about 150 women, left the apartment after she fell but later went to police.
Queensland police are expected to use an audio recording of Ms Wrights' final hours that was extracted from a mobile phone to argue that Tostee should stay locked up.
A sworn statement by police reportedly says Tostee struggled with Ms Wright, refused to let her leave his apartment and threatened to throw her from the balcony.
Tostee maintains he is innocent.
Meanwhile, the release of the damning police affidavit ahead of Monday's bail hearing was described as "absolutely worrying" by civil libertarian Terry O'Gorman, Fairfax reported on Sunday.
On Friday Channel Nine aired details of an alleged transcript from a lengthy audio recording on Mr Tostee's phone, purported to be from August 8.
This was followed Saturday by a spread from News Corp with a detailed breakdown of conversations, including Mr Tostee saying Ms Wright was lucky to have not been "chucked" from the balcony after a heated exchange.
The audio recording also intimated that Mr Tostee had feared for his own life after Ms Wright became aggressive and tried to hit him with an object.
Australian Council for Civil Liberties president Mr O'Gorman said the public release of the affidavit was "an unattractive development" with the ability to skew the course of justice.
"There is a view that access to court documents in respect of matters before the court has the potential to prejudice potential jurors at a later date," said Mr O'Gorman.