Diver Indicted in 2003 GBR mishap

[Doubles]

so.... lets change the discussion here a little.


1.) Is there enough evidence to take this to a jury for trial?

2.) Is there enough evidence to convict?


What are your thoughts?


my answers are

1.) maybe...

2.) no. Not enough for a conviction. they only hard evidence they have is proof he lied about his story (dive computer proved story inaccurate) and one witness that only witnessed a 'bear hug'. that alone is not enough for a conviction.

Maybe not in the US but this occurred in Australia. Maybe one of our Aussie friends can enlighten us on the legal requirements for conviction down under - and the possible crimes that he might be charged with.

The guy goes out and buys a book on currents and the wreck - then goes back and asks to be interviewed again so he can get his story straight - yea right. At the least this guy is guilty of being a douchbag

-s

 

[bubba105]

The innocuous statements, things like the battery in his computer, are the things that will bring him down, if he is guilty. I hadn't heard anything about this tragedy until the Dateline show last evening. I must say they added a very "guilty" slant to their reporting. I would be very interested in finding out exactly the experience level of the husband. Somehow, from the way the term "Rescue Diver" was batted around, with no clarification as to level of experience, I presume there is very little experience to go with the card, or it would have been presented by the guilt-biased reporter. Throughout the show I continually felt bad for the husband. I felt as though he was a "Rescue Diver" in the true sense of zero to hero, just barely able to save himself, yet unwilling to admit that he was unable to help his wife. Then they introduce the computer. First of all, if you put the battery in backwards, it does nothing, that was a lie. Anyone who has changed their battery in a dive computer knows it is not too easy and certainly not something done on the platform of a dive boat. It involves screws or at least a coin to open the back, and an O ring. Popping to the surface to turn the battery around did not happen. Why make this statement?

A hot button issue on this thread is the rescue training. I find it too convenient that the husband forgot everything he was taught in rescue class but was able to compose himself enough to take 2 & a half minutes to make his emergency ascent, for help, while his brand new wife drowns, & people reason he was afraid of getting bent. This is a life & death emergency. Even if his fight or flight mechanism tells him flight, he's going to be breathing his tank inside out, going for the surface like a madman, not a 2 1/2 minute, safe ascent. Unless, of course, she did, in fact, wink at him.

Too many things don't add up. I can't say one way or the other without more facts, but, it doesn't look good.

Although not attributable to his guilt, removing flowers from his wife's grave, by way of bolt cutters, does get this guy the "Douche Bag of the Year Award". He should have a shoe sticking out of his arse.

 

[mike_s]

Maybe not in the US but this occurred in Australia. Maybe one of our Aussie friends can enlighten us on the legal requirements for conviction down under - and the possible crimes that he might be charged with.

The guy goes out and buys a book on currents and the wreck - then goes back and asks to be interviewed again so he can get his story straight - yea right. At the least this guy is guilty of being a douchbag

-s

I didn't say he wasn't guilty..... I said that there wasn't enough evidence to convict him in a court of law.

I'm curious if Australia law is that much different than US law. I'm sure both were based on English law as a basis....


But back to the US. Can the US laws convict him if the crime didn't occur here? (can anyone answer that?) The Helena Police Department is investigating him and this murder.

One would assume that he would be extradited to Austrailis if indicted.

 

[sgj99]

his story just doesn't make sense for someone who has some knowledge of rescue. i'm just OW but 1. a panic'd diver would claw their way to the surface, not just sink down, 2. why was she sinking and sinking so rapidly, and 3. he says he tried to get her to inflate her bcd by showing her his hose, so why didn't he just reach over and inflate it for her OR why didn't he dump her weights. these were all immediate responses i had to his situation. bad journalism or not, the whole thing sounded too hinky just on those facts alone which he gave to the water police.

 

[Walter]

I don't think they have enough to convict him. (my opinion).

If the jury disagrees with you, they do.

 

[almitywife]

Maybe not in the US but this occurred in Australia. Maybe one of our Aussie friends can enlighten us on the legal requirements for conviction down under - and the possible crimes that he might be charged with......

not much is my uneducated opinion... i think the police are hoping it will just go away

1, because of the US connection, the husband isnt in the country to question further and an inquest is really just turning over old info and

2, because of the tourist factor, queensland doesnt want itself publishised as a place you come to kill your wife off conveniently

there really is very very little media talk about this case over here - i do the news links for my local forum and im only picking up US reports about this case

 

[shakeybrainsurgeon]

Not only did he cut flowers from his wife's grave, but he also sent Christmas cards to his wife's female friends with a wedding picture on the front and the hand written note inside: "who's the sexy guy...me!" along with a hand-drawn smiley face...creepy

The piece did paint him as guilty, but they didn't embellish anything, they simply stated what is known AND he was given the opportunity to respond, but refused

Remember also: THIS GUY IS SUING THE LIVEABOARD for emotional distress...no wonder it took him 2 + minutes to surface...he was weighted down by his huge GONADS

I am no lawyer, but I suspect there are guys punching out license plates who had less evidence against them.

 

[SCOOBA PHAN]

It was suggested that a panic diver would not just sink, however I have seen it happen. It is called passive panic and the person literally does nothing to help themselves and is not flailing around like you would expect. They are easy to pull up to the surface as a result. I am not saying he did not do his wife in, just that panic comes in many forms. He would easily been able to pull her up if that was the cause though. Tom

 

[Cozoholic]

Apologize if this has already been asked,
but if they were on a safety stop, wouldn't it have been pretty difficult to descend, rather than ascend? She must have been dead already when she sunk to the bottom.

 

[Papa_Bear]

His problem is his computer! It did not back up anything he said! Did anyone check how she was wighted? An extra 4lbs on her would send her down pretty fast! The Hug also looks very bad for him! That shows he had solid contact with her and could have brought her up or adjusted her gear! That alone eliminates reasonable doubt in my book!