Cruise Law News : Maritime Lawyer & Attorney : James M. Walker : Walker & O'Neill Law Firm : Admiralty Law, Cruise Ship Accidents & Injuries

In a stunning and unexpected end to the trial involving the death of P and O Cruises passenger Dianne Brimble, the prosecution dropped a manslaughter charge against fellow cruise passenger Mark Wilhelm.

Australia's Herald Sun reports that Wilhelm pled guilty to supplying the date rape drug GHB to Ms. Brimble in exchange for being released from the manslaughter charge.

Last year, a jury reached a split decision.  The jury found that Wilhelm gave Ms. Brimble the drugs which led to her death, but it could not reach a decision on the manslaughter charges.  This led to a hung jury and a decision to re-try the case.   

After the plea agreement was announced, the Brimble family had to endure a lecture by the presiding trial judge.  Justice Roderick Howe stated that although defendant Wilhelm may have been "technically and morally responsible" for Dianne Brimble's cruise ship death, and his behavior may have been "bad, loutish or even insensitive,'' he was not legally responsible for manslaughter. 

The judge then made a number of rather gratuitous comments, criticizing what he characterized as the "prejudice" and "hysteria'' surrounding the death and ensuing events - adding that Wilhelm had been subjected to "rumors, misinformation, supposition and conjecture."

We have written many articles about Ms. Brimble and the outlandish conduct of Mr. Wilhelm and the seven men who cruised with him.  The judge's comments are off the mark as well as being insensitive and disrespectful to the Brimble family.     

Ms. Brimble's family expressed their frustration with the the decision to drop the manslaughter charge.  The Brisbane Times reports that Ms. Brimble's family will seek to reopen the investigation into her death. 

According to the newspapers, Ms. Brimble's former husband, Mark Brimble, said "We're disappointed that it ends this way .  .  .  we are frustrated with the system.''  "I want the coroner to enter into findings . . .  we need to know what has to happen to stop this ever happening to any other individual or Australian traveling on a cruise ship or on a holiday," he said.

"Dianne went on a holiday and didn't come back . . .  that should not happen to a person again."

Wilhelm will be sentenced for supplying the drugs on April 29th.

Credits:

Photograph        dailytelegraph.com.au

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A Court in Australia has scheduled a new trial in the trial of P & O Cruises passenger Mark Wilhelm who was charged with the manslaughter death of fellow passenger Dianne Brimble aboard the P & O cruise ship Pacific Sky.

In October, a jury failed to reach a verdict in the first trial. 

The Crown charged Wilhelm of manslaughter of Ms. Brimble who died on the P&O cruise ship in September 2002 after being given the illegal drug GHB, also known as fantasy or liquid ecstasy.  In addition to the manslaughter charges, the Crown charged Wilhem with the lesser charge of providing an illegal substance to Ms. Brimble.

This is great news for the Brimble family, who has been steadfast in their resolve to see this matter through until the judicial process has been exhausted. 

The new trial is scheduled for April 19, 2010.

Ms. Brimble’s family joined International Cruise Victims (“ICV”) organization to bring awareness to the problem of cruise ship crime. Mr. Brimble is the President of the ICV chapter in Australia. Information regarding Ms. Brimble is available on the ICV website

I have written a number of articles about the danger of date rape drugs on cruise ships and Ms. Brimble's case:

Date Rape Drugs on Cruise Ships - the Death of Dianne Brimble

"Crawfishing" - Passengers in P & O Cruises Death Case Can't Remember A Thing

Another Crawfishing Witness in the Dianne Brimble Trial

Jury Is Out in Dianne Brimble Cruise Death Case

Dianne Brimble and the Lessons to Teach Our Young Men

Jury Reaches Partial Verdict in Dianne Brimble Case

Hung Jury in Dianne Brimble Cruise Death Trial

Photo Credit      International Cruise Victims ("ICV") 

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Seven years after passenger Dianne Brimble died after ingesting a date rape drug aboard P & O Cruises' Pacific Sky in 2002, the jury has finally retired to consider its verdict.

Australian citizen and fellow passenger Mark Wilhelm is accused of the manslaughter death of Ms. Brimble after he allegedly gave her the drug Gamma Hydroxybutyrate ("GHB") during a cruise aboard the Pacific Sky.  In a previous article, I discussed that cruise passengers are at risk of rape after surreptitiously being given date rape drugs like GHB and Rohypnol.

Women have been drugged and raped on the Carnival subsidiary, sister brands - P&O Cruises and Princess Cruises.  These cruise lines know there is a danger presented to passengers and crew of date rape drugs and sexual assault of unconscious women - but refuse to admit or discuss the problem in public.

Yesterday, the prosecution dropped its charges that that Mr. Wilhelm displayed gross criminal negligence by failing to summons assistance after after she passed out and was left on the floor of the cabin. 

The jury is now left with the sole issue whether defendant Wilhelm committed a crime by supplying her with GHB, also known as the drug "fantasy."  The coroner has already concluded that Ms. Brimble died after being given a toxic mix of alcohol and GHB.

Although Mr. Wilhelm is rightfully considered to be one of the unsavory "gang of eight" aboard the cruise ship, a guilty verdict may be difficult to obtain.  His buddies obviously tried to cover for him during the five week trial.  I previously reported that Wilhelm's traveling mate Dragan Losic conveniently forgot facts which would incriminate Wilhelm.  And one of the other sleazy gang-of-eight members Letterio Silvestri also developed a selective memory during the trial.

The Sydney Morning Herald reports that Wilhelm's  defense lawyer claims that Ms. Brimble took the drug ''freely and voluntarily" and "without pressure or duress.'' Of course, Mr. Brimble is not here to tell the truth of what happened on the night in question. She ended up dead, face down on the floor of a cabin, after having the misfortune of running  into the "gang of eight."    

Over the weekend, I was the first to report in the U. S. (on Twitter and in this blog) that another passenger just reported being raped aboard P & O Cruises' Pacific Sun cruise ship. Seven years later and here we are again. The problem of date rape drugs, rapes, thugs, and shipboard deaths are issues which the U. S. traveling public would rather not think about. 

But the Brimble family has been suffering for seven years, and no one in the U. S. seems to be paying attention. The cruising public is focused on the never ending stories of bigger and bigger cruise ships and smaller and smaller cruise fares.

It has taken seven years to bring the Dianne Brimble case to trial.  When the jury returns its verdict, will anyone in the U. S. be listening?  Does anyone care?     

Photo credit:

Photo of Mark Wilhelm     Getty Images (via www.daylife.com)        

Group photo of men        Sydney Morning Herald 

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