Diver Indicted in 2003 GBR mishap

[Seadeuce]

Just wondering...

Has this thread reached a record number of posts, i.e. over 1,000?

If not, which thread holds that record??

Lotta talk on this one. Hope Gabe Watson pays the price for all the time spent by so many on here!


Seadeuce

 

[MasterGoa]

Yes, like THIS

Yep, like "That"...

10:1 she had no father though...

 

[ScubaSteve]

If not, which thread holds that record??

Take a look at the MoF threads...they go through 1000 posts in a day almost. It is impossible to follow any story lines in it.

Posted via Mobile Device

 

[ItsBruce]

Yes, like THIS

[hijack]
It really makes one wonder. Is it the excitement of being in a relationship with or married to someone who is incarcerated/indicted/risky? Or is that as good as some people can do?
[/hijack]

But, back on topic: If one reads the boards, it becomes quite clear that lots of diver deaths are not as the result of running out of gas and offering an octopus is not the answer to every underwater emergency. And, my recollection is that Tina's rig had plenty of gas.

 

[Ayisha]

This may be a reference to the charges that Spoilsport was fined for in Tina's death. Some of us were wondering what the charges were exactly that were referenced in the Coroner's report about Spoilsport not following its own policies that were above and beyond what is required, but it was somewhat vague.

CDNN :: Police Probe Mike Ball Spoilsport Scuba Diving Accident

Police probe Mike Ball Spoilsport scuba diving accident

by LUTHER MONROE @ CDNN - CYBER DIVER News Network

CAIRNS, Australia (7 Feb 2009) Police today will interview two American tourists who disappeared while scuba diving off Mike Ball's Spoilsport liveaboard dive boat.

The divers apparently got caught in a current and were swept away from the Spoilsport dive boat.

The crew were unaware of the divers were in trouble and did not react until they did a head count about one hour after the divers entered the ocean and started their dive.

A massive search that involved four helicopters, a plane and a Coastguard boat finally located the missing divers seven hours after they went missing and just before dark.

Mike Ball and local dive tourism promoter Col McKenzie told reporters they did everything right and the missing divers did everything wrong.

They claimed the divers failed to follow the dive plan and should be held accountable for their own stupidity and all of the trouble they caused.

Controversial dive operator

The Spoilsport liveaboard dive boat is owned and operated by controversial Australian businessman Mike Ball of Mike Ball Dive Expeditions.

Ball was forced to stop two-tier pricing that discriminated against Americans and Japanese with 20% to 40% higher fees after CDNN exposed the scam in 2001.

In 2003, the company was in the news again after a fatal accident that killed American Tina Watson on her honeymoon while she was scuba diving off the Spoilsport with her husband, Gabe.

Initial reports indicated Watson's death stemmed from Ball's failure to adhere to dive industry guidelines that restrict novice divers to specified depth limits.

Subsequently, Watson's husband, Gabe, came under suspicion after inconsistencies in the information he gave to police about the accident.

Australian authorities now believe Gabe killed his wife and are trying to extradite him to Australia for trial on murder charges.

bold added

 

[ScubaSteve]

While I am not saying what was said there is not true, CDNN cannot be trusted. They lie and make up more than a hollywood writer ever will. I will never take what is written with the "Enquirer of the dive world" (aka CDNN) without a pound of salt.

Posted via Mobile Device

 

[Aardvark]

The relevant section of the QLD criminal code is S302, full code is here: http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/CriminCode.pdf

In QLD an unlawful killing is murder or manslaughter.

The coroner is unlikely to recommend murder charges without a solid cause, the DPP are not going to proceed with extradition if they don't believe they have an excellent chance of securing a conviction, the resources and publicity involved in that if it fails may not be good for one's career.

As others have mentioned above a criminal case needs to be proved beyond reasonable doubt, civil suits are "on the balance of probabilities".

 

[ItsBruce]

I am reminded of how many "air tight" (excuse the pun) cases have been brought in California (ok, its California) only to have the defendant found not guilty. Right off hand, I recall O.J. #1 (murder charge), Michael Jackson (child molestation charge), Robert Blake (murder charge) and Mike Corona (corruption). In addition, if my recollection serves me, the big gang rape trial in Orange County resulted in a hung jury despite the fact the whole thing was caught on video tape (on the second trial, there was a conviction. There was a hung jury in the first Phil Spector trial.

So, saying that the prosecutor would not bring a case unless it was a sure winner means very little.

OTOH: since jurors often think the same way, it is real bad to be a criminal defendant. That mindset is the first strike. The second strike is that most criminal defendants who sit there in court expect to be convicted (they know they are guilty) and as a result give off an aura of guilt, which the jury picks up on.

 

[K_girl]

THE case against an American man accused of drowning his wife on a north Queensland dive trip has been adjourned.

Both the defence and prosecution in the case of Gabe Watson sought more time today when they appeared before Supreme Court Justice Keiran Cullinane in Townsville.

The case was adjourned to a date to be fixed.

Prosecutors late last year filed an indictment against Watson over the death of his wife Tina, 31.

Source: Gabe Watson drowning murder case adjourned | The Courier-Mail

****
I'm not sure what this means, but I'm thinking it may mean that there has been a delay and that extradition procedures have not started. They will have to set another date, which is unknown and if Gabe doesn't show-up on that date, then extradition proceedings begin. Justice is so painfully slow. I feel for Tina's family and friends.
*****

I am reminded of how many "air tight" (excuse the pun) cases have been brought in California (ok, its California) only to have the defendant found not guilty. Right off hand, I recall O.J. #1 (murder charge), Michael Jackson (child molestation charge), Robert Blake (murder charge) and Mike Corona (corruption). In addition, if my recollection serves me, the big gang rape trial in Orange County resulted in a hung jury despite the fact the whole thing was caught on video tape (on the second trial, there was a conviction. There was a hung jury in the first Phil Spector trial.

Funny, on Larry King this week, a defense lawyer brought-up some of these same cases in the Casey Anthony case. However, another lawyer was quick to point out that in the celebrity cases, that the defendants were celebrities and were more "likeable." The attorney said Casey Anthony will be despised by the jury because of her party girl behavior after her daughter went missing. The jury simply won't understand that behavior, even though it is not evidence of guilt. We have more examples of apathetic behavior on the part of Gabe Watson towards his wife starting with his not going to the boat where they were trying to save her, to playing cards in a bar the same night she died exclaiming "bummer, my wife died today," all the way to desecrating her grave and not allowing her to have a headstone on her grave. These are just a few examples of many.

 

[livinoz]

I am reminded of how many "air tight" (excuse the pun) cases have been brought in California (ok, its California) only to have the defendant found not guilty. Right off hand, I recall O.J. #1 (murder charge), Michael Jackson (child molestation charge), Robert Blake (murder charge) and Mike Corona (corruption). In addition, if my recollection serves me, the big gang rape trial in Orange County resulted in a hung jury despite the fact the whole thing was caught on video tape (on the second trial, there was a conviction. There was a hung jury in the first Phil Spector trial.

So, saying that the prosecutor would not bring a case unless it was a sure winner means very little.

OTOH: since jurors often think the same way, it is real bad to be a criminal defendant. That mindset is the first strike. The second strike is that most criminal defendants who sit there in court expect to be convicted (they know they are guilty) and as a result give off an aura of guilt, which the jury picks up on.

The Australian legal system is very different from the US one, so those cases don't have a lot of relevance, as Watson will be tried here. And as Aardvark said below the DPP are not going to waste public money if they don't think they have a reasonable chance of conviction.

This is from Feb. 3rd:

American David Gabriel Watson, 31, was required to appear in Townsville Supreme Court today charged with the murder of his wife Tina. He did not appear in court, but solicitor Rohan Armstrong, of his Townsville-based defence team, asked for more time. "I have been in contact with Mr Watson ... we need more time to take further instructions on the matter," he told the court."

Edit: I meant to say, extradition proceedings began a couple of months ago, but Watson's lawyers have said they will fight it in the US courts. I've no doubt that the adjournment has something to do with the need to fight that in the US courts.