From post #179
Mr Campbell has asked for a five-year jail term for Watson, with the possibility of parole after 18 months.
Christina's parents came over from America to see justice done. They have been badly let down.
WTF ?????? the prosecutor asks for only 5 years with parole after 18 months??????????
From what I gathered on ACA, it seems the guy panicked and failed in his duty of care as a "scuba buddy".
If that's the case then 12 months seems reasonable.
Has a motive been established?
I'm trying to understand the reasoning of the court.
I've personally witnessed people freeze or panic in serious situations.
What bothers me most is motive, or the lack of one
Yes. Just contact Justice Department.I wander is there a standard way to contact Government and tell them opinion?
I'd guess that he did a deal before agreeing to come back to Australia, i.e. he'd plead guilty to manslaughter but not murder. As far as Australia is concerned, this wraps the case up. Tick that one off. Next please.He can't say it was a accident, so it must be murder, and he gets five years, AUSTRALIA IS A JOKE.
There have been reports of his having discussions with the insurance company prior to coming out here. It hasn't been made clear whether he increased the life insurance on his wife.I'm trying to understand the reasoning of the court.
I've personally witnessed people freeze or panic in serious situations.
What bothers me most is motive, or the lack of one
It just doesnt make any sense, they were on their honeymoon.
As far as I can see, there's not enough evidence for a full murder conviction..
Attorney-General considers scuba sentence appeal
Posted 3 hours 5 minutes ago
Updated 2 hours 32 minutes ago
Map: Townsville 4810
The Queensland Attorney-General is considering an appeal against the sentence handed down to an American man jailed over the death of his wife in 2006.
David Gabriel Watson was sentenced to 4.5 years jail, after pleading guilty to the manslaughter of his wife Tina while diving off Townsville in north Queensland.
His jail term will be suspended after 12 months.
Tina Watson's family and the State Opposition have criticised the sentence.
In a statement, the Attorney-General Cameron Dick said he has requested the sentencing remarks, with a view to considering an appeal.
Christina Watson's father, sister and best friend say they travelled from the US to see justice served but are feeling bitterly disappointed.
"We are in total shock over what has transpired," Ms Watson's father Tommy Thomas said.
In October 2003, 26-year-old Ms Watson was on her honeymoon in north Queensland when she and her husband David went diving on Yongala wreck off Townsville.
The newlywed had problems breathing.
The court heard her 32-year-old husband, who was also her dive buddy, did nothing to help despite holding a dive search and rescue certificate.
Watson said he panicked and surfaced to tell the crew while his wife sank to the ocean floor.
The American voluntarily returned to Queensland last month, indicating he was prepared to face a murder charge.
However, the prosecution accepted his guilty plea to the lesser charge of manslaughter.
Defence lawyer Stephen Zillman argued that investigators had all the evidence they needed to charge Watson six years ago when his wife died.
Mr Zillman said since then Watson has endured public accusations of crimes he did not commit.
Justice Peter Lyons said Watson alone was responsible for his wife's death.
He said he failed to make any reasonable attempt to take Ms Watson to the surface.
"It's an embarrassment to, I think, everyone involved," Mr Thomas said.
He says his family will continue to fight for justice
- ABC/AAP
From what I gathered on ACA, it seems the guy panicked and failed in his duty of care as a "scuba buddy".
If that's the case then 12 months seems reasonable.
Has a motive been established?
It is plausible the man plead guilty to manslaughter after discussions with legal representatives. He was trialled and presumed guilty by the media and public at large very early in the piece. This may not have given him or his legal team much heart in proving innocence.
He may have weighed up the pros and cons of trial and figured the costs of defending himself during a long trial would ruin him financially and decided 1 year of incarceration would mean he can still keep his house, car whatever. 1 year and he could start to rebuild his life.
Now, people make poor judgement calls all the time; often in extreme situations. Nobody knows how they will react in scenarios. You can plan for it. A vast majority of motorcyclists wound not be dead if they had control of their reactions to an unexpected scenario. Many of them have had specific training.
To claim a PADI rescue course is the only prerequisite to give one sound mind and judgement to rescue those in precarious situations is lunacy. The course is nothing more than the basic level search tactic, bringing up an unconcious diver from less than 18 metres of water (generally 12 metres) with emphasis on slow ascent to not impose self injury.
The Padi manual also emphasises a panicked diver should be avoided at all costs, to kick them away and not attempt to help them if you can not safely get near the panicked one without endangering yourself.
Now this man had his mask kicked off in the incident. To be a rescue diver you need a minimum 20 dives. Any real training on such a situation doesn't happen until the Dive Master rating and then the task loading in minimal and in a safe controlled envioroment like the deep end of a swimming pool.
Has it ever occured to the media and community at large that this guy simply may have royally screwed up on that dive and as a consequence lost his life partner. Could it be that he is now going to have to play out that dive over and over again for the rest of his life knowing he made a really bad judgement call. Maybe he feels he needs to be found guilty of something to revieve the burden of ultimate loss through poor judgement? Qld police prosecution couldn't prove beyond all reasonable doubt premeditation or there is no way they would have entered negotiations.
This post is no more than just heresay and imagination, like most other reports, but it is certainly plausible. To admit guilt does not nessesarily mean guilty. Judge Judy is wrong!!
Walk a mile in a man's shoes........
cheers,
He was found guity of being derelict in his duty as a dive buddy. His apparent crime was to do the wrong thing by heading to the surface for help.He must have screwed up big time to be charged with anything,
Who says there was an accident? If there was one, why and how would it be obvious? There was certainly an incident or a turn of events that led to a woman's death underwater. The events aren't clear and probably will never be known.if it was plainly an accident it would have been obvious I imagine,
there must have been a lot to go on to charge him in the first place.
if you're a diver you'd know how very easily you could drown a novice by panicking them.
A CESA from 15 metres for a panicked diver is a doddle and a natural response. 30 metres in a panicked situation is very simple.
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