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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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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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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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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