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Posted: 2016-10-21 05:39:00

Gable Tostee leaves the Supreme Court in Brisbane a free man. Picture: AAP Image/Dave Hunt

GABLE Tostee might have seemed emotionless, but he wanted “to express his sympathies” to Warriena Wright’s family before or during the murder trial, his lawyer has revealed.

“He has expressed regret and he wanted to ... express his sympathies, but I advised him not to,” Nick Dore told 2GB radio.

Mr Dore said Tostee’s blank exterior was partly because “his life was under a microscope. Every time he posted something on Facebook he was criticised.”

Tostee and his lawyer were “always relatively confident, without being cocky” of Tostee getting off the murder charge.

But the prospect of being convicted would have been “certainly closer” without a key piece of evidence.

Mr Core had made an application to the Queensland Supreme Court to have the murder charge against Tostee dismissed but that had been unsuccessful.

Mr Dore said Tostee’s audio recording of his night with Ms Wright helped clear him.

“It rest or fell on that piece of evidence. If that evidence hadn’t been there, would anyone have ever believed it?

“At the end of the day, the jury considered his actions were lawful.”

Despite the harrowing moments when Ms Wright repeatedly screams “no, no, no”, Mr Dore said that was only a few minutes of a recording more than two hours long.

He also described the application for a mistrial after learning of one juror’s Instagram posts as risky, and if the judge had agreed they would not have learnt that the jury had found Tostee not guilty.

“It was a tough call to make. It was a tactical decision and we would have to live with the consequences,” he said.

“We would have never known the consequences.”

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