Watson Murder Case - Discussion

[Trickie Dickie 99]

In addition, no one from the U.S. Federal Government has made any noises about wanting to prosecute Watson, so why does the Australian government need their reassurance? If there is no prosecutor assigned to a non-existent case, how can that reassurance possibly be given? The Federal government has also made no move to extradict Watson. This is obstructionism, plain and simple.

Because he is being deported - not by the Qld Govt but by the Federal Govt and their policy is not to deport to jurisdictions that could execute the defendant and as a National Govt, they want that assurance from another National Govt that this won't happen as it's a matter which lies at the heart of Treaties made between national governments, not State instrumentalities; in the eyes of our Federal Govt (and I suspect the US Feds too), a State counts for zilch, it's an internal administrative arrangement, nothing more.

These are legal requirements which if not properly observed could result in a trip to the High Court by his Australian legal representatives and the whole thing thrown out and we end up having to give him asylum. Trust me, keeping this person in Aus any longer than he needs to be kept is no vote winner.

To be honest, I strongly suspect that if they elected a new A/G in Alabama who reneged on the promise and put him on trial for his life, there wouldn't be much the Aus Govt could do about it, except bleat that they'd got the best assurances they could and then wash their hands of it.

There's also another quite large elephant in the room here too.

 

[sydney-diver]

Thanks for the post Burna - so here is Australia's reasoning:

"I think there would be an arguable case that he could be granted a temporary visa to allow him to go out into the community until such time as his case is properly resolved."

That's hardly "Australia's reasoning". It's the opinion of one so called "expert" which one media outlet obtained a sound bite from. In actual fact he's been taken into custody by the federal government and is currently being held in an immigration detention center in Victoria - so he's anything but free. In fact I'd imagine he's now in a much worse place that he was in QLD.

Whilst it was originally reported that QLD has agreed to hand over the evidence in exchange for a written agreement that Gabe will not face the death penalty, the ABC yesterday reported that this has still not been provided (only a verbal frlom the Alabama AG). In addition, as others have mentioned actually deporting Gabe is the responsibility of the federal government and they require a similar agreement from the US Federal government.

 

[K_girl]

Sydney-diver - ABC is flat-out wrong. Alabama submitted their agreement not to pursue the death penalty in writing. Here is the link to the actual letter:

http://static.townsvillebulletin.com.au/docs/watson-penalty-letter.pdf

In addition, if Australia wanted the agreement from the U.S. Federal Government, why did they wait a week before Watson's release to say so? They could have made that demand the same time they demanded it from Alabama. They deliberately waited until the last minute. That's one of the reasons I think it is obstructionism and they've made every effort to try and stop a trial.

As to the possibility that a new Alabama prosecutor could pursue the death penalty, here is what Troy King states in his letter (link provided above):

"..I have bound the State of Alabama to an agreement that the death penalty would not be an option for punishment if Watson is convicted.."

Tina's parents are being kicked in the guts by the Australian prosecutor over and over and over again - for the last 6+ years. They've waited long enough, they at least deserve a trial. Let the evidence be heard, not quashed and forgotten. Let a jury of his peers decide. That's all they ask for.

 

[sydney-diver]

Sydney-diver - ABC is flat-out wrong. Alabama submitted their agreement not to pursue the death penalty in writing. Here is the link to the actual letter:

http://static.townsvillebulletin.com.au/docs/watson-penalty-letter.pdf

I conceed that point. However it's been pointed out to you that Australia has a state and federal system just like the US but appear to choose to ignore that. The "Prosecutor" you mention is the QLD state DPP - all they have control over is the evidence (dive computer etc), not Gabe. If the ABC is wrong which it appears to be so, then they've done their part and agreed to hand it over.

Gabe's extradition is the responsibility of the federal government - you seem to believe there is some conspiracy here - there's not! Sure maybe the federal government should have been aware that Gabe was shortly to be released into their custody from a state prison and maybe they could have expediated the process but equally - why didn't the Alabama AG organise for the US federal government to ensure the extradition was in order before the release?

Of course I feel for the family but your continued Australia bashing doesn't help them does it! Most Australian's I've talked (who know about this case which isn't that many outside the dive fraternity) would have prefered Gabe stand trial for murder.

 

[burna]

K_girl,

I have to agree with Sydney-diver on this one. I don't believe there is any conspiracy to obstruct any possible legal action that the U.S may take against Watson. Why would they care? ( Apart from covering their arse in regard to the death penalty thing. )

I'm sure that no one wants to be the one signing off on his deportation only to find he has been convicted and sentenced to death through some loop hole. i.e Tried in a different U.S state perhaps?? I don't know if that's possible??

The other thing is that it comes as no surprise to me at all that the State and Federal govs haven't coordinated with each other, it's a case of left hand/right hand, you know the drill, I'm sure it's not much better over there.

The QLD DPP also hasn't had a particularly good track record over the past few years with regard to the handling of high profile cases. The last thing they want is another one blowing up in their faces.

I think most Aussies would be of the view that QLD did a pretty weak job of things and would like to see him face stronger scrutiny in his home state. We definitely don't want him here.

What concerns me though is this.

"[He's] frustrated by the ambivalence by the Federal Government in complying with its international and domestic obligations," he said.

http://www.abc.net.au/news/stories/2010/11/12/3065226.htm?section=justin

What exactly does he mean by "complying with its international obligations"?? He must be pushing for asylum in Australia.

 

[sydney-diver]

K_girl,

What concerns me though is this.
Watson still waiting for temporary visa - ABC News (Australian Broadcasting Corporation)

What exactly does he mean by "complying with its international obligations"?? He must be pushing for asylum in Australia.

Yes, that concerns me too, reading that artical I think that's exactly what he's doing!

 

[Trickie Dickie 99]

So he has a lawyer who is trying to exhaust all possible avenues on behalf of his client. Big deal. Don't people who fall foul of the law in the US get a lawyer, no matter who they are and doesn't that lawyer act professionally and do the best he can for his client? And aren't the authorities State or Federal in the USA under a legal obligation to act within the law and don't lawyers, through the courts hold them to account for this?

So we are hardly entering virgin territory are we?

The US military even appointed a lawyer to represent David Hicks on far more serious charges and a damned good one he was too.

 

[Trickie Dickie 99]

.............double post.

 

[bowlofpetunias]

The Watson Case may seem of monumental importance to some and I do sympathize with all involved. I am pretty sure that the Federal Government has a lot more pressing issues to deal with than be proactive out of concern for fear of some conspiracy theory.

As far as I am concerned... good riddence! I would prefer my tax dollars be spent elsewhere but I support the Governement's stance on the Death Penalty. I will await due process between those charged with international affairs!

 

[K_girl]

Well, the news is, Gabe Watson was released from jail on November 10th. He is being held by Australian Immigration officials until they have been satisfied that he will not face the death penalty (on a federal level)? Watson's family states the following:

"While we strongly disagree with the motive, tactics and spirit of the prosecution, Gabe Watson and his family look forward to his being, once again, vindicated for 'unjust' charges that he did anything intentional to cause the death of his wife, Tina, while they honeymooned in Australia," the statement said. "Gabe will return to Alabama and again answer these charges, and the state of Alabama will know what the Australians already know, that Gabe Watson is not guilty of causing the death of his wife in 2003."

Source: Gabe Watson released from Australian prison | al.com

Watson was in the process of being deported to Alabama when Australian immigration officials intervened. Apparently, immigration officials worded the paperwork to state that Watson could face the death penalty if he returned to the U.S. The reason given was that the Australian authorities did not trust Alabama.

Could take months before the matter is settled, source: Alabama politics overturns no death penalty agreement for killer | The Australian

Characterize it any way you want, but the fact is - this was a last-minute move on the part of Australia to prevent Watson's deportation and they are saying that they don't trust Alabama, so this has some nasty political implications any way you slice it.