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No action for now against Tostee juror

AAP logoAAP 20/10/2016 Darren Cartwright and Stuart Layt

Jurors in Queensland may be barred from using their mobile phones or social media in future following revelations a juror in the Gable Tostee trial posted comments on Instagram.

Tostee was on Thursday found not guilty of killing New Zealand tourist Warriena Wright, who fell from his 14th floor Gold Coast unit balcony after meeting on dating app Tinder.

The carpet layer's legal team had asked for a mistrial after a juror posted on social media that she was deliberating on a major trial, which she described as "a nasty one".

The application would have meant the jury could not have delivered their not guilty verdict, and a retrial would have likely been ordered.

"We wouldn't have been doing our job if we hadn't made the application but obviously it was a good thing it was dismissed," Nick Dore said on Friday.

Justice John Byrne dismissed the application for a mistrial, but chastised the juror's behaviour.

"That juror will discover when she accesses her Instagram account that many members of the public have commented on her decision to communicate with others during the course of the trial," he said.

A court spokesperson on Friday said Justice Byrne wouldn't take further action against the juror, but it remains unclear whether the Jury Commissioner will investigate the matter next week.

The woman made several posts to her more than 2000 followers over the course of the trial, sharing her thoughts about being part of the case.

"I took it home with me yesterday and woke quite miserable this morning. Will make sure I leave it behind this afternoon," she said in one post.

The juror, who cannot be identified, did not discuss the evidence in the trial or the jury's deliberations.

Barrister and academic James Morton said Queensland courts may need to look at banning jurors from accessing their mobile phones as a result of the incident.

"They may have to take another step and quarantine jury members from phones and outside communication until they reach a verdict," he told the ABC.

A spokesperson for Queensland Attorney-General Yvette D'Ath said jurors were told repeatedly not to use social media during trials but she was looking into whether improvements could be made to existing arrangements.

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