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

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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Today, the Court dismissed the jury in the Dianne Brimble trial in Australia after it deadlocked on one of two remaining charges against P & O passenger Mark Wilhelm.

The prosecution originally brought three charges against defendant Wilhelm for his involvement in the drugging death of Ms. Brimble on the P & O cruise ship Pacific Sky: (1) supplying a prohibited drug (GHB); (2) manslaughter, if the GHB significantly contributed to Ms Brimble's death; and (3) manslaughter by criminal negligence, for failing to aid Ms. Brimble as she lay dying on the floor of the cabin. The last charge was withdrawn by the prosecution shortly before the case was submitted to the jury for deliberation because the Crown admitted that it could not prove exactly when Ms Brimble died.    

It appears that the jury agreed that Wilhelm gave Ms. Brimble the date rape drug, but could not agree that the drug was a substantial factor in her death. 

ABC News in Australia reports that before deadlocking, the jury asked the Court: "If the accused supplied Ms Brimble with GHB and this drug substantially contributed to her death, can the fact Ms. Brimble being an adult person who voluntarily took the drug be a reason for the accused to be found not guilty of manslaughter?" The Court answered the jury's question "No."  Whether Ms. Brimble took the drug voluntarily, as opposed to Wilhelm giving her the drug surreptitiously, not was not a defense. 

The jury had to ignore much of the evidence introduced over the course of the last month after the prosecution withdrew manslaughter-by-criminal-negligence allegations.  The Court instructed the jurors that the trial was no longer about whether Mark Wilhelm should have helped Ms Brimble, and to ignore photographs of her dying on the cabin floor. 

The newspaper reports that the Court informed the jury that "it may have been morally reprehensible the way Ms Brimble was treated but there was a difference between morality and legal duties." 

Ms Brimble's former husband Mark Brimble and David Mitchell, her partner of many years, appeared before the media after the Court discharged the jury. Mr. Brimble stated that their three children, two sons and a daughter, were not doing well with the jury's failure to return a verdict.  News.au.com reports that Mr. Mitchell stated: "We will continue, of course, to fight for Dianne in our pursuit for the truth, with Dianne being the mother of our children." 

The newspaper also quotes Mr. Brimble stating:

"We're frustrated but we're not beaten. We're tired, but we're not finished. We're still here, supporting our children through this and Dianne's extended family and we'll continue to do so."

Mr. Brimble's and Mr. Mitchell's comments to the media are recorded in this video from ABC News Australia:

Is it possible that the case can be re-tried?  The Court has scheduled a conference on November 6, 2009 where this and other issues will be addressed.

Photo credits

Photo of Mark Wilhelm     AAP: Dean Lewins

Photo of Dianne Brimble   AAP: Jeremy Piper

Video of Mark Brimble and David Mitchell  ABC News Australia

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The criminal trial arising from the death of P & O Cruises' passenger, Dianne Brimble, has now seen another witness suddenly forget incriminating details surrounding Ms. Brimble's death.

In a previous article, I commented on the phenomenon of "crawfishing" witness, who like crawfish crawling back into a hole, backpedal from the truth when placed under pressure. 

Today, the trial included another one of the "8 persons of interest," Letterio Silvestri.  ABC News in Australia reports that Mr. Silvestri could no longer remember his friend Mark Wilhelm having sex with Ms. Brimble in the cabin after she had been drugged.  Nor could Mr. Silvestri remember pushing Ms. Brimble off of the bed and onto the floor shortly before she died of a toxic mix of alcohol and GBH. This story was also reported by the Australian newspaper. 

This follows the spectacle of "gang of 8" witness Dragan Losic being unable to remember meeting Ms. Brimble or seeing her in the cabin or recalling date rape drugs on the cruise ship as he originally testified at a preliminary hearing. This is not to mention reluctant witness Matthew Slade, who originally  told police he saw a naked body in the cabin. But once under oath at trial he could not remember a thing.

What a bunch of crustaceans.   

Photo credit  -    AAP Image: Mick Tsikas, via ABC News Australia  

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The criminal trial in Australia regarding the death of Dianne Brimble on P & O Cruises' Pacific Sky continues with key witnesses having a complete lapse of memory. 

In a previous article, I commented on the danger of passengers, like Ms. Brimble, being given "Fantasy" or other date rape drugs on cruise ships.

Dragan Losic (with goatee), one of "8 persons of interest" in Ms. Brimble's death, appeared in Court. Over the course of three hours of his testimony, he could not even remember meeting Dianne Brimble on the first night of the cruise, just hours before she died in his friends' cabin. 

Australia's "The Age" newspaper reports that Mr. Losic previously testified in what is called a "coronial inquest." At that time, he clearly recollected that he was the first to meet Ms Brimble in a disco on the cruise ship and he later observed her in his friend's cabin.  He also remembered "Fantasy" on the cruise ship.  But now with his friend on trial for Ms.Brimble's death, Mr. Losic can't remember a thing.

Another key witness, Matthew Graham Slade, who testified today also changed his story. Australian news website news.com.au reports that Mr. Slade originally told police that  he awoke on the cruise and  saw a naked body on the floor of his cabin. But at trial, he claims that he can't remember this at all. 

In New Orleans where I went to law school, we called this "crawfishing."  This is a term which characterizes a crawfish (or other crustacean) which crawls backwards, usually into a hole, when confronted with danger. 

Date rape drugs.  Crawfishing witnesses.  A devastated family.  The trial continues. 

Photo credit      Sydney Morning Herald 

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A criminal trial begins this week in Australia in the case of cruise passenger Dianne Brimble, a passenger sailing with her children on P & O Cruises’ Pacific Sky in 2002. It has been seven years since Ms. Brimble’s ill fated cruise which ended with her death. A coroner determined the cause of her demise to be a date rape drug given to her by another passenger, Mark Wilhelm, who is now finally standing trial for her death.

There is a danger on cruise ships of being given a date rape drug by either a crew member or another passenger.

There are a couple of different date rape drugs. One is called “GHB.” The scientific name is Gamma Hydroxybutyric acid. It is also be called “grievous bodily harm.” Another is Funitrazepam, called Rohypnol or commonly known as “roofies.” These drugs are clear, tasteless, and odorless - similar to water. When combined with alcohol the drug will incapacitate unsuspecting victims and cause slurred speech, sedation, unconsciousness and death. Even without alcohol, Rohypnol is ten times stronger than Valium. Rapists use these drugs to knock their victims out.

These drugs are readily available in foreign ports, particularly in Mexico. Crew members or passengers going ashore can easily obtain “roofies” or “GHB” and bring the drugs back to the cruise ship.  One of our clients was given a spiked drink by a bartender on a cruise ship returning from Mexico. Interviewed by Time magazine in an article entitled "Crime Rocks the Boats," she reported "her legs go rubbery and her mind turn to mush as the bartender led her to an employees-only restroom and raped her before she passed out cold."

If proper blood and urine testing is not performed in a timely manner after the rape, the drugs will not be detected. Cruise ships are notorious for having ill equipped medical facilities and incompetent or indifferent staff. It is important for passengers to use the same safeguards you would use in a bar ashore:

• Ask bartenders or bar servers to open your beverages in front of you.
• Watch your drinks.
• Don’t leave your drinks unattended when you go on the dance floor or to the ladies room.
• Stay with your group of friends.
• Realize that crimes occur routinely on cruise ships.
• Have fun - but don’t let your guard down.
• If you are a victim of rape, insist that the ship doctor take blood and urine samples immediately.

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.

Photo Credits:

International Cruise Victims - photo of Dianne Brimble

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