Diver Indicted in 2003 GBR mishap

[peterbj7]

The burden of proof in a criminal prosecution in England is "beyond all reasonable doubt". Not absolute proof, because there is no such thing. Any juror will have to decide whether there is any reasonable doubt that Gabe meant to kill Tina, not whether it is at all possible that he didn't. If I were a juror and what we have read constituted the entire case, I would vote to convict.

AFAIK Australian justice operates in the same way.

 

[K_girl]

Now to address some of the other posts ...

Is there anyone on the boards here who will say that there is no possibility that Tina's death was an accident and that Gabe's bizarre conduct afterwards was just a manifestation of a combination of bad manners, bad judgment and grief, amplified by peoples' desires to blame him for Tina's death?

I said earlier that I could be convinced that Gabe's unusual behavior could be interpreted as sociopathic behavior. After a little research, I think it would be better described as psychopathic behavior because I believe that the prosecution will be able to show evidence of intent and planning. Here is a description of the difference between a sociopath (anti-social) and a psychopath:

What is the Difference Between a Psychopath and a Sociopath?

Here are the things a psychopath and a sociopath have in common, that I believe explains some of Gabe's "bizarre" behavior:

Both the psychopath and sociopath fail to feel remorse or guilt. They appear to lack a conscience and are completely self-serving. They routinely disregard rules, social morales and laws, unmindful of putting themselves or others at risk.

Here is where the psychopath differs from the sociopath:

..some argue that the psychopath tends to be extremely organized, secretive and manipulative. The outer personality is often charismatic and charming, hiding the real person beneath. Though psychopaths do not feel for others, they can mimic behaviors that make them appear normal. Upon meeting, one would have more of a tendency to trust a psychopath than a sociopath..

If Gabe is a psychopath, he tries to mimmick normal social behavior, but sometimes is really not very successful at it. He has attempted to maintain a family life:

While psychopaths can fly under the radar of society, many maintaining families and steady work,

Conversely:

..a sociopath more often lacks the skills and drive for mimicking normal behavior..

However, Gabe does seem to possess the ability of a psychopath to plan criminal behavior and I believe there is evidence of planning in this case:

From a criminal standpoint, a sociopath's crimes are typically disorganized and spontaneous, while the psychopath's crimes are well planned out. For this reason, psychopaths are harder to catch than sociopaths, as the sociopath is more apt to leave ample evidence in his or her explosions of violence.

I think there may be ample evidence in this case that Gabe is indeed a psychopath. His behavior is not just a series of bad luck and poor judgment and there is a LOT of strange behavior on his part. For a list of these behaviors, see posts below (please don't post to the thread without reading the first message in the thread):

http://www.scubaboard.com/forums/3676616-post32.html

http://www.scubaboard.com/forums/3800506-post35.html

http://www.scubaboard.com/forums/3800506-post37.html

http://www.scubaboard.com/forums/3800506-post38.html

I believe his behavior will be judged in much the same way as Scott Peterson's behavior was. And I think that Gabe's behavior is just as bad, if not worse.

 

[K_girl]

Now to address some of the other posts ...

To me, the single most damning evidence against Gabe is the slow ascent. I consider myself a decent diver. I think I can follow my training. Even so, if my new bride, who took up scuba diving at my behest, got in trouble on a dive and I needed to get help, I expect I would handle it as a CESA rather than as Gabe seems to have done. Under the circumstances, the slow ascent gives me a lot of trouble.

I think this is can be described as an element of "planning". Gabe's claim that he made a fast ascent to get help is shown to be a lie by his own computer. If he did not intend to kill Tina, then he should have done exactly what he claimed and he knew he should have at least gone to the surface as quickly as possible for help as a minimum to help save Tina.

I see other elements of planning as well:

Aborted first dive, claiming the computer was beeping and the battery was in backwards. After establishing that this cannot happen, if I were a juror, I would classify it as a lie, which woud mean Gabe has no credability on the issue. In addition, a friend of Tina's described how, when Tina and Gabe were packing for their trip, Gabe's computer would not work and he discovered he had put it in backwards and Tina and her friend teased him about it. He got it working properly again that night. I would not classify it as a coincidence that Gabe claimed his computer battery was in backwards a second time on the fateful day. First, once he had fixed the problem at home, why would he mess around with it again and put it in wrong again? I would feel the more reasonable explanation would be that this is how he got the idea to make the claim on the first aborted dive on the day Tina died. Then I would classify it as intent and planning as his effort to separate him and Tina from any other witnesses.

We know Gabe asked to Tina to increase her life insurance at her work and make him the beneficiary. We know that he made the statement to Tina's friend that for just $10 more, Tina could have a one million dollar life insurance policy. This was before the trip, but after the trip, at Tina's funeral he said to multiple witnesses that she could have had a one million dollar policy. So, his knowledge of this possibility and his thoughts about it are well-established. Did Gabe do the same for Tina on his life insurance? Did he or anyone else ever talk about how much life insurance he could have had for Tina to collect? Somehow, I think not. We know he attempted to collect on her life insurance at work, but he was not named the beneficiary. What was the conversation with the insurance company? I'm sure they have to keep some kind of record of the call or calls.

 

[K_girl]

Now to address some of the other posts ...

As far as the card he purportedly sent to Tina's friend: The wording was probably tacky to most readers. But, maybe it was a poor attempt at opening a dialog. Just think of all of the tacky "pick-up" lines one hears at bars or other social gatherings. Some people can't come up with anything better.

As far as whether Gabe was "hitting" on Tina's friend or looked for subsequent relationships, if he was truly fond of Tina and of being married to her and her death was an unfortunate accident, is it utterly inconceivable that he might want to replace that feeling as quickly as possible? Before answering, consider how many people jump into new relationships as soon as they break up from an old one. Why do they do this? Answer: Because they want the good feelings that supposedly come from being in a relationship. Why shouldn't Gabe have sought to replace the feelings if he truly loved Tina, etc. If he was unhappy being in a relationship with her, I could see him avoiding another relationship, not trying to get into another one.

This is a social behavior that most people will find highly inappropriate which is further evidence of his psychopathy. First, it was not a "pick-up line" in a bar with a stranger. Here are the real parts I am talking about: 1) he used a wedding picture of himself with Tina; 2) he sent it to Tina's best friend, not someone else that did not know Tina; 3) he is not seeking feelings of relationship or sympathy, he is seeking sex because he wants Tina's friend to know he is "sexy." Amanda's reaction of disgust was, I think, an expected reaction and would have certainly been mine.

 

[ccredifo]

It will take a miracle not to mention years for him to actually stand trial in Australia. The extradition process alone will take a long, long time.

 

[ItsBruce]

I remember that....I seen that segment on 20/20..seemed to me the guy did it. I take it they never charged him,

Seeing a segment on 20/20 means nothing. The producer can make a guilty person seem innocent and an innocent person seem guilty, and will do so to make the segment more exciting and appealing so the network can sell more advertising. 20/20 is far from unbiased or neutral. It may not play favorites, but it will slant its presentation for its own benefit.

 

[vshearer]

Won't this thread ever die. RIP.

 

[redrover]

Ok, 1 million is more than

'Tina's father Mr Thomas, an insurance management consultant for more than 30 years, confirmed that several weeks before the wedding, Tina had told him Gabe had asked her to increase her work life insurance from the basic level of $34,000 to the maximum level of five times its value, to $170,000.'

 

[ItsBruce]

... Any juror will have to decide whether there is any reasonable doubt that Gabe meant to kill Tina, not whether it is at all possible that he didn't.

First, the jurors will have to decide if there is any reasonable doubt about whether Gabe killed Tina. Then, they will have to decide if there is any reasonable doubt that he meant to do so.

... If I were a juror and what we have read constituted the entire case, I would vote to convict.

I expect there is a lot that we have not yet heard about.

 

[ItsBruce]

No one has yet answered the questions I posed above.

Nonetheless, I will ask yet another one: Assume your spouse dies in a diving accident on your honeymoon while you are shopping; do you make a claim to the insurance company? How about if you were out diving, but not with your new spouse? How about if you were diving with your new spouse. If your answers are not all the same, then explain the reason for the difference.