Tostee in protective custody after alleged assault

The Gold Coast man accused of murdering a New Zealand tourist is in protective custody after he allegedly told his lawyer he was assaulted by a fellow prison inmate.

Gable Tostee, 28, reportedly has bruises and a laceration on his face after an alleged scuffle.

Mr Tostee was charged with murder after Warriena Wright fell from a 14th storey balcony at Surfers Paradise on August 8.

He allegedly told his lawyer the inmate who assaulted him had persistently been asking about the murder charge, which is currently before the court.

Documents filed in the Supreme Court ahead of Mr Tostee’s bail application on Monday claim his phone was recording audio for three hours and 19 minutes starting around 1am the night Wright died, just hours after the pair met on Tinder.

Based on the conversation recorded, police will allege that two people, a man and a woman can be heard socialising, before a “struggle can be heard between the male and female” at 2.13am.

The male voice tells the female to leave, allegedly saying “this is f*****g bulls**t, you are lucky I haven’t chucked you off my balcony you goddam little psycho b***h”.

Within five minutes, police will allege the argument escalated with the female saying “I am so sorry” before the male replies “I don’t care”.

The documents allege there is a choking-type sound and the man “can be heard taunting Wright as she gasps for air”.

Police will claim there is the sound of a door being slid open as the female screams “no, no, no”.

The male accuses her of trying to kill him.

She is heard to say: “just let me go home”.

According to the police brief, the reply was: “I would but you have been a bad girl”.

Twenty-six seconds after the sound of the door being closed, police said a fading scream can be heard.

A phone call is then allegedly made to a lawyer.

Police will allege CCTV captures Mr Tostee exiting the building.

Witnesses claim to have seen and heard the fall.

Mr Tostee will apply for bail in the Supreme Court on Monday.

His parents have offered up $200,000 dollars as surety.

Mr Tostee maintains his innocence.