Another aspect that doesn’t seem to have surfaced in any of the recent posts or articles I’ve read is the inconsistency between the treatment in the courts of Dr Stutz and Gabe. At no point during this incident did Stutz go over to investigate or offer assistance in spite of the fact that he is a doctor with experience in emergency medicine. I’ve eluded to this several times above.
Based on his own testimony, he witnessed Gabe murdering his wife, saw fear in Tina’s face and eyes, saw her struggling with Gabe for some time, saw her fall to the bottom of the ocean floor, saw another diver rescue her and take her to the surface with blood and vomit streaming from her face - and then continued on his merry dive. Mc Fadyen says that Stutz surfaced '30 minutes later'.
Stutz may not have appreciated that he witnessed a murder. But to me, the callous indifference shown after the ‘murder’ raises the possibility that he did know but chose not to get involved. It could also explain why his early testimony lacked the detail of his later testimony.
It seems inconsistent for the courts on the one hand to find Gabe guilty of manslaughter for his breached of ‘duty of care’ and at the same time fail to investigate Stutz behaviour. There may be reasons why Stutz could not descend and assist Tina as she struggled. It would not explain his failure to ascend and render assistance to a woman who had obviously drowned. These are matters that could be investigated by the courts.
I think your posts indicate you have spend some time working through the process to come to some pretty reasonable conclusions. I find myself in agreement with you on many points. Your perspective on free diving blackouts in quite interesting.
I would like to respond to your comments on Dr Stutz tho. Some people are in awe of anybody with letters by their name. I think we need to be open minded and respectful but not put disproportional weight on their actions in environments that are not part of their area of expertise.
Dr Stutz was IMHO an inexperienced diver (on his Advanced Open Water Course). He followed the directions of his instructor and stayed with his group! At his level of experience as a diver I don't think it would have been reasonable to expect him to be able to perform a rescue in that rather challenging environment!
Dr Stanley Stutz [only "20 or 30 dives" and he had not dived in "maybe even 10 years"] who as I mentioned was one of the Jazz II divers (doing an Advanced course) was one of the last to descend. He stated to the inquest that he was at about five metres when he saw a diver (Diver 2) holding another diver (Diver 1) in what was later described by Police as a "bear hug". He said "The look on her face was awful, I had the belief she knew she was in danger, her eyes were wide open". However, he later admitted that he could not see the hands of Diver 2 (presumably Gabe) as they were shielded by his body. Dr Stutz also said that he could not see the wreck when he saw all this happen, although in one statement he said he could.
Comment: I have now had the opportunity to read Dr Stutz's evidence to the Inquest in full as well as two other statements he made and an email he sent to the Queensland Police. I do not believe that he stated he saw a "bear hug" (more about this in a second) when he witnessed this encounter. In his evidence, it is clear that what he has described is virtually exactly one section of the story that Gabe told the Police in both interviews/statements. I suspect that perhaps his evidence has been compromised by things he was told when he was on Spoilsport after Tina died and perhaps when discussing what happened with the other doctor who was involved in the attempted resuscitation, Dr Downie. I believe that Dr Stutz's memory of what happened is an honest attempt to to recall what he witnessed but it has got better as the years have gone on. This is contrary to what normally happens. I have added a summary of each of his statements and interviews to show this. See part 6 for the link.
I have hidden the section of McFadyn's comments behind the spoiler for those who don't want to read them click on it if you want to read the section. found here Michael McFadyen's Scuba Diving Web Site
IMHO during the dive Stutz was in "Student Mode" demonstrated by the way he followed the directions of his instructor, stayed with the group and completed the dive. He was also task loaded in a fairly unfamiliar environment working on new skills. When he wasn't in the water he may have been in "Holiday Mode" Of course nobody can be in someone else's skin and really understand how they feel or why they do what they do. Sometimes people don't even understand themselves but I will try to explain what I mean from personal experience.
When I worked as a Paramedic in Canada I knew I had to be prepared to respond to an emergency at any time. Even when I was off duty in my province I knew I had to carry the right equipment and be prepared mentally and emotionally to respond to an emergency.
On a trip to Australia we came across and accident. I had a valid Paramedic License and stopped to render aid till the Emergency Services arrived. Nothing unusual, stuff I dealt with all the time at "home". It was far from the worst thing I had seen/ dealt with. I did what needed to be done but it really effected me! I had trouble working out why in spite of my training in Critical Incident Stress Management and all my previous experience I had trouble "putting the emotions away afterward" I finally worked out that it was because I was in "holiday mode" I wasn't in the mind set and emotional "space" that kept me prepared in my "normal environment". I was tired, burned out and just not prepared for the event so I was emotionally impacted.
I don't know what state of mind Dr Stutz was in.. perhaps I am totally off base here. All I can say is that lacking more information I will give him the benefit of the doubt but I also will not accept his word/observations as gospel either!