clownfishsydney
Contributor
ScubaSteve, I have all the evidence that was held by the prosecution as well as some evidence gathered by the defence. I would love to make it available, but it is something like 600 Gb all up. I am sure that it is impossible for me to share this. I have attempted to put bits like the computer printouts up and some other things. If someone thinks that a certain bit of evidence would make the site better, then email me and I will see what I can do.
As to how Tina drowned with her reg in her mouth, Dr Carl Edmonds would have given evidence to state that this is possible. Remember, he was head of the Royal Australian Navy's dive medical section and has also written all the acknowledged dive medical text books. Have you not had water seep in through a loose fitting mouth piece? A bit of water get in if you are upsidedown? Accidently take in a bit of water if you move your mouth a bit? I have to all of these. When Tina fell unconscious, she was still breathing but her grip on her reg relaxed and she sucked in a little bit of water and it went into her lungs. This may have even been happening when she was overbreathing her regulator. We know she got water in her lungs as the autopsy showed this and the resusitators witnessed water and froth come out of her mouth. You only need a very small amount to drown, less than a few ounces will do it.
The case would have been on the basis that:
* Gabe was inexeprienced and should not have been permitted to dive the wreck unsupervised (as per the operator's rules)
* Tina should not have been able to dive except with an instructor/dive master (again as per rules)
* he did not lie about the computer beeping
* Police investigation was inept - much evidence to show this
* evidence confirming that Gabe had told 2 people within seconds he ascended after the first attempt that his computer was faulty and exactly what the problem was
* that this evidence was not presented by police as it supported Gabe's story
* air used by both Tina and Gabe showed they were panicking
* his ascent was quick considering that he attempted to attract a person's attention on the way up
* that the police never actually asked any questions of the divers on the line if someone had bumped into them or shook them (the police questions if answered would not elicit an answer to this matter)
* he was swimming into a moderate to strong current
* Tina was grossly overweighted
* Tina's BCD was incapable of lifting her with the weight she had
* if the re-enactments had been allowed, that none of them had similar conditions to the day in questions
* what they re-enacted did not represent at all what Gabe had said had happened
* the point identified by Wade Singleton where he picked up Tina was totally wrong and appearing to make it seemed Gabe lied about where they were when she sank
* the operator breached about 6 Queensland laws in permitting Gabe and Tina to dive together
* medical evidence that drowning was the only cause of death - Dr Edmonds had access to CAT scans etc
* other non-diving evidence to show that other actions were not suspicious (eg his visit to Tina's work to ask about insurance was at the direction of his lawyer as Gabe was the administrator of Tina's estate)
* Gabe inherited a debt of over $24,000 plus the whole of the mortgage on their new house ($180,000) when Tina only had about $4,000 in assets
* Gabe was never the beneficiary of any insurance
* Tina had never even written a will to give Gabe her assets
* and more of which I am not privileged to know
Finally, I know I said I would not answer any more questions to Roger, but no, I am not writing a book on this matter nor will I ever make any money out of this. It has cost me and my wife $10,000 in lost wages, airfares, accommmodation, food and more to do what we did. We did it because it was the right thing to do. Simple. Truth. Fact.
As to how Tina drowned with her reg in her mouth, Dr Carl Edmonds would have given evidence to state that this is possible. Remember, he was head of the Royal Australian Navy's dive medical section and has also written all the acknowledged dive medical text books. Have you not had water seep in through a loose fitting mouth piece? A bit of water get in if you are upsidedown? Accidently take in a bit of water if you move your mouth a bit? I have to all of these. When Tina fell unconscious, she was still breathing but her grip on her reg relaxed and she sucked in a little bit of water and it went into her lungs. This may have even been happening when she was overbreathing her regulator. We know she got water in her lungs as the autopsy showed this and the resusitators witnessed water and froth come out of her mouth. You only need a very small amount to drown, less than a few ounces will do it.
The case would have been on the basis that:
* Gabe was inexeprienced and should not have been permitted to dive the wreck unsupervised (as per the operator's rules)
* Tina should not have been able to dive except with an instructor/dive master (again as per rules)
* he did not lie about the computer beeping
* Police investigation was inept - much evidence to show this
* evidence confirming that Gabe had told 2 people within seconds he ascended after the first attempt that his computer was faulty and exactly what the problem was
* that this evidence was not presented by police as it supported Gabe's story
* air used by both Tina and Gabe showed they were panicking
* his ascent was quick considering that he attempted to attract a person's attention on the way up
* that the police never actually asked any questions of the divers on the line if someone had bumped into them or shook them (the police questions if answered would not elicit an answer to this matter)
* he was swimming into a moderate to strong current
* Tina was grossly overweighted
* Tina's BCD was incapable of lifting her with the weight she had
* if the re-enactments had been allowed, that none of them had similar conditions to the day in questions
* what they re-enacted did not represent at all what Gabe had said had happened
* the point identified by Wade Singleton where he picked up Tina was totally wrong and appearing to make it seemed Gabe lied about where they were when she sank
* the operator breached about 6 Queensland laws in permitting Gabe and Tina to dive together
* medical evidence that drowning was the only cause of death - Dr Edmonds had access to CAT scans etc
* other non-diving evidence to show that other actions were not suspicious (eg his visit to Tina's work to ask about insurance was at the direction of his lawyer as Gabe was the administrator of Tina's estate)
* Gabe inherited a debt of over $24,000 plus the whole of the mortgage on their new house ($180,000) when Tina only had about $4,000 in assets
* Gabe was never the beneficiary of any insurance
* Tina had never even written a will to give Gabe her assets
* and more of which I am not privileged to know
Finally, I know I said I would not answer any more questions to Roger, but no, I am not writing a book on this matter nor will I ever make any money out of this. It has cost me and my wife $10,000 in lost wages, airfares, accommmodation, food and more to do what we did. We did it because it was the right thing to do. Simple. Truth. Fact.
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