Instructor sentenced after diver's death

[boulderjohn]

People didn't misunderstand. It's clear that there was considerable evidence that pointed to first degree murder. Gave Watson pled guilty to manslaughter to avoid being convicted of greater charges. The presiding judge refused to allow evidence that was damning and instead dismissed the case due to "lack of evidence". Gabe Watson is as guilty as OJ Simpson.

Sorry, but not true. This has been covered in numerous threads, including this one.

 

[Edward3c]

Sorry but you're wrong. I read the thread you posted the link to, and while there's a lot of speculation, nothing I posted is disproven on that thread and in fact there ise ven more damning evidence from a highly regarded attorney who was at least peripherally involved in the case.

From that thread:

Apparently, according to an ABC News story, that not what he testified to at the Alabama trial. He said Tina panicked and knocked his mask off and by the time he got it back on, she was sinking and out of reach. (Full article - http://abcnews.go.com/US/photo-drowned-newly-wed-tina-watson-evidence-honeymoon/story?id=15635232.)

Both things can't be true. He can't have grabbed her BC and also been unable to grab her BC. Like I said earlier, lots of things about his story don't - in my mind at least - add up or seem to make sense. Awful lot of excuses, and many times I think flimsy ones, for what happened.

- Ken

Ken Kurtis
NAUI Instr. #5936
Owner, Reef Seekers Dive Co.
Beverly Hills, CA
www.reefseekers.com

Hi Ken,

As stated earlier, different laws in different parts of the world.

In the UK, the question of whether the guide/DM/instructor (in other words the person they paid to oversee their dive) had a duty of care would be bases on whether the mythical passenger on a bus would have expected them to be looked after by their guide/DM/instructor.

I know exactly where I would stand if I had been the guide/DM/instructor and the incident had happened in the UK. In jail.

Kind regards

Edward

 

[Celt]

In scuba training, new divers are taught that when they encounter conditions for which they were not trained, they should seek out local help. With PADI, they are told to do a Discover Local Diving dive with a local professional. That is what they did.
The laws on this vary by location. In Australia, when Gabe Watson failed to rescue his wife Tina while they were diving, he had no choice under local law but to plead guilty to manslaughter. He spent a year in jail. People misunderstand that plea and assume it meant he was pleading guilty to taking active steps to kill her, but the truth is he was simply guilty of failing to rescue her.

In every case I know in which a dive guide was charged in relation to a dive fatality, the result hinged upon whether the guide's actions were reasonable. In the most famous case, the guide led a group beyond recreational depths, ignored a diver's signals that he was getting low on air, and refused to share with him when he ran out. You will no doubt believe it was the diver's fault that he died, but the jury found the guide guilty.

Gabe Watson was charged with murder and pleaded guilty of manslaughter that wasn’t an accident, the guide tried to help and got a conviction for his efforts

 

[Edward3c]

Ken isn't here. I pulled one of Ken's posts from another thread. I can see how it might be confusing.

Then could you in future place other's comments in quote boxes, as the way you've done it it looks like your words. And by default you've impersonated Ken.

 

[kafkaland]

No one has a right to expect to be rescued. To convict a person for failing to rescue is totally wrong

Actually, under the law in most European countries you have a legal obligation to render aid in an emergency. How much depends on the situation and the relationship between the individuals. For an unrelated bystander in a traffic accident it would probably only extend to calling for help, but in this case a trained professional who was hired as a guide and provided equipment can clearly be expected to do more. How much more could have been expected was for the court to decide, and here the court found that the guide fell short and convicted him.

 

[Celt]

Actually, under the law in most European countries you have a legal obligation to render aid in an emergency. How much depends on the situation and the relationship between the individuals. For an unrelated bystander in a traffic accident it would probably only extend to calling for help, but in this case a trained professional who was hired as a guide and provided equipment can clearly be expected to do more. How much more could have been expected was for the court to decide, and here the court found that the guide fell short and convicted him.

The man did halt there ascent at 10 meters and most likely saved the woman’s life. He did what he could but someone was looking for a scapegoat and found one “the guide”

 

[Dan]

Sorry but you're wrong. I read the thread you posted the link to, and while there's a lot of speculation, nothing I posted is disproven on that thread and in fact there ise ven more damning evidence from a highly regarded attorney who was at least peripherally involved in the case.

From that thread:

Apparently, according to an ABC News story, that not what he testified to at the Alabama trial. He said Tina panicked and knocked his mask off and by the time he got it back on, she was sinking and out of reach. (Full article - http://abcnews.go.com/US/photo-drowned-newly-wed-tina-watson-evidence-honeymoon/story?id=15635232.)

Both things can't be true. He can't have grabbed her BC and also been unable to grab her BC. Like I said earlier, lots of things about his story don't - in my mind at least - add up or seem to make sense. Awful lot of excuses, and many times I think flimsy ones, for what happened.

- Ken

Ken Kurtis
NAUI Instr. #5936
Owner, Reef Seekers Dive Co.
Beverly Hills, CA
www.reefseekers.com

I don’t think @Ken Kurtis have all the facts, nor spent time reviewing the documents as much as @clownfishsydney have done in this accident. Have you read @clownfishsydney report about this accident? Michael McFadyen's Scuba Diving Web Site

 

[boulderjohn]

Apparently, according to an ABC News story, that not what he testified to at the Alabama trial. He said Tina panicked and knocked his mask off and by the time he got it back on, she was sinking and out of reach. (Full article - http://abcnews.go.com/US/photo-drowned-newly-wed-tina-watson-evidence-honeymoon/story?id=15635232.)

You do realize that he never testified in the Alabama case, don't you? The defense never had to present its case--the prosecution's case was so weak the judge dismissed it.

 

[boulderjohn]

Gabe Watson was charged with murder and pleaded guilty of manslaughter that wasn’t an accident, the guide tried to help and got a conviction for his efforts

I am talking about the Gabe Watson case in Australia--I don't know what you are talking about.

I gave links to a thread where you can get the truth, and @clownfishsidney can fill in more details. You should read it instead of going from memory of the earliest reports, which were full of "facts" that turned out not to be true.

The boat operator, Mike Ball, got a severe fine for not having the do the checkout dive, which was supposed to be required under their own rules.

 

[Celt]

I am talking about the Gabe Watson case in Australia--I don't know what you are talking about.

I gave links to a thread where you can get the truth, and @clownfishsidney can fill in more details. You should read it instead of going from memory of the earliest reports, which were full of "facts" that turned out not to be true.

The boat operator, Mike Ball, got a severe fine for not having the do the checkout dive, which was supposed to be required under their own rules.

Gabe Watson was charged with the murder of Tina Watson he pleaded guilty to manslauther anything said after that is immaterial once a guilty plea is entered