Do you really believe that Gabe knew his wife could not handle the dive or that he could not help if she got into trouble. I suspect Gabe's lack of experience and also his personality adversely affected his judgement.
Like many others in this country, I believe that Gabe had a moral responsibility as a husband to ensure Tina's safety. The difficulty is how that works out in a legal setting and applies to buddies not related. For example if Gabe and his mate with similar experience to Tina went for a dive at the same location and his mate drowned, what would be the court decision? The sentence for one becomes a precedent for the other.
My perception is that the sentence in the end was largely made pragmatically to placate the public. That is a concern for the diving community because ultimately if the risk of prosecution gets high and penalties too severe, people will avoid diving, avoid diving with a buddy or avoid getting involved in rescues and instead learn clever legal loopholes.
The fact that Gabe was at least close to Tina and apparently tried to help counts for something. Does everyone on this thread always stay within a few metres of their buddy in case they run out of air? When was the last time you ran out of air or had to give someone your alternative air supply?
The distance I am from my buddy depends on a number of things, vizability, depth, current, familiarity with the site, dive time. I know some will see this as careless but. Beginning of a dive with lots of air, familiar site and easy ability to surface if needed my buddy and I have more distance between us. I know what my buddy's fill is, I know what air consumption is compared to mine, I know comfort levels as the dive progresses and more air is used we tighten up. We may spread out more again as we get close to the exit where we can surface if needed. We know how to read each other all of those factors determine distance. Neither of us has ever run out of air neither of us has ever had to hand our occy off to someone needing air. We have close on 1,500 bottom hours between us. When we do boat dives, dive in unfamiliar sites, high risk sites or with buddies unknown to us we stay pretty tight.
she was certified in a local quarry. per certification agencies, they consider that acceptable for open water dives.
(doesn't mean a diver is skilled enough for boat dives, in current, etc.... but it's just the way that it is now days with cert agencies).
you above comment of "she hadn't been in open water" wasn't what they said either.
Here is the quote from the article, they did refer to the ocean.
"Were you not aware that she had never been in the ocean in an open water dive?" Bloomston asked.
Just including all the facts in regards to that statement
It also said she had 11 previous dives. Rivers, lakes, quarries, etc. would count towards that.
I've been on a few liveaboards. None of them included an "orientation dive" or a "private" dive breifing (as noted in the article) . All included a dive breifing but it was given as a group to everyone and was mandatory.
Never had a liveaboard do "diver skill checks" before either. (of course rules/laws might be different in Australia). I've seen some divers ask for a DM to dive with them on the first dive on a liveaboard, but that was on request. never seen a boat turn that down either.
From this link
Michael McFadyen's Scuba Diving Web Site
Tina's dives as recorded by her dive computer were:
11 – Yongala – dive she died on – the previous short dive did not record as she did not go deep enough – 89 feet – 10 minutes
10 – 26 feet – 7.9 m – 33 minutes [the dive with Gabe in the quarry]
9 – 28 feet – 17 minutes
8 – 23 feet – 17 minutes
7 – 30 feet – 11 minutes
6 – 30 feet – 15 minutes
5 – 7 feet – 3 minutes
4 – 7 feet – 3 minutes
3 – 7 feet – 7 minutes
Comment: Note that the computer only retained detailed records of nine dives. I had thought that the dives numbered 3, 4 and 5 may have been test dives done by the manufacturer in a pressure chamber as they are all to 7 feet. However, I now believe that they were the dives that Tina panicked on when training. Her dive training record shows that she did five dives for her course in the quarry (on 7 and 8 June 2003), but as far as I can see, her computer really only shows four dives on two consecutive days which are presumably these days. Therefore, the limit of her dives since her course were to a maximum of 30 feet (9 metres) which is pathetic preparation for diving the Yongala (27 metres). Note her maximum bottom times are mostly less than 17 minutes, with only one of 33 minutes. This indicates that she probably used her air so quick she had to end the dives.
Another interesting thing to note that if this course was done in Australia, it would not have qualified her for a dive certificate as the Australian Standards (AS) at that time required a person to complete four open water dives which must be in an environment which is subject to wind, swell, currents or waves. In no way could the quarry be considered open water under the AS definition. In addition, the dives must be at least 20 minutes in duration (none reached that), all must be deeper than four metres (this was met), two must be to at least 10 to 18 metres (not met), at least one to 15 to 18 metres (not met), one must be a boat dive (not met) and at least 100 minutes in total (not met as she only did 60 minutes or 73 minutes if you include the three 7 feet dives).
It is fairly common practice in a number of places in Australia to have "checkout dives" when you go on Boat dives.... can't say about all Livaboards in Queensland tho. Queensland is normally pretty regulated. When we Dived Lady Elliott Island for instance we had to show them our log books. The dives were guided with a DM and many cases a couple DM's in the water. Divers who hadn't dived in the past specified time frame were taken into the pool for a checkout and skills brush up.
Some are more subtle. Fishrock Dive Centre will check your log book but then they will normally have an Instructor (occassionally a DM) who dives with the people they don't know check them out in the water and depending on how they go.. they will guide them on a dive that is safe for their skill level. I like the way they do it because they will have a DM available to guide the divers in groups so the divers skills dictate what you do but you are not restricted by others who have lesser comfort levels. You don't get the feeling of being "herded" around. The sites can be challenging and the Dive staff know how to read conditions, detect current direction shifts (sometimes they reverse) and give you the best, safest dive experience.
The fact that Mike Ball expiditions expected Tina's C card to mean she had experience she did not (see McFaden's comments) does not IMHO excuse them from ensuring by skill in the water that both she and Gabe were competent for that potentially challenging dive site.
Scuba here is very much self regulated in most of Asutralia. Queensland is probably the most regulated. Regulations regarding fill stations and Cylendar testing are national regulations. The industry here operates on the premise that if we self regulate effectively the government will not need to come in and impose regulation developed by people with poor understanding of the industry. That explains why MIke Ball's busines code of practice exceeded regulations. ONce they establish those Policies and Proceedures they have to abide with them. That is where they failed. That is why they got fined! That is why Austrailian divers are concerned about preseidents set by any dive incident investigation (not just this one)
I went back through K_Girl's Issues, Statement, and Sources thread, and re-read the verbatim statements that Watson made. I have to say that most of the statements are incoherent babbling. Ayisha, you keep going back to Watson's statements as the source for self incrimination and I honestly can't pull definitive answers out of his ramblings.
Its all uh, you know uh, like the current, uh they didn't ask us, uh you know, the briefing, uh uh kinda like this.
Do people actually think that he had the clarity of mind to plan this months in advance? No way.(IMO)
I keep seeing the specific number of 16 different stories. I wonder who counted them and what the criteria were to qualify as a "different story?"
One of the links to a video report mentions that Tina's father is positioning himself so the Jury members must pass very close to him that he is maintining this "virgil" in his attempt to "get justice for Tina" The man is dedicated but WOW.. would some find that intimidating? I wonder what would happen if Gabe or his Father took a post like that
