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SCUBA DIVING PAGE ONE :: WORLD NEWS :: SAFETY

Honeymoon scuba killer gets more jail time

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September 18, 2009

CAIRNS, Australia — A US scuba diver who left his wife to sink and die on the ocean floor has had his one-year jail term extended by six months in a decision expected to provoke fresh grief for the woman's family.

The six-month extension was sealed after appeal court judges split over the state government's call for a much tougher sentence.

David Gabriel Watson, 32, pleaded guilty to the manslaughter of his wife, Christina (Tina), while scuba diving off the north Queensland Coast on their honeymoon in October 2003.

She was pulled from the ocean floor by a dive instructor after her husband failed to inflate her buoyancy vest or remove weights to bring her to the surface, instead leaving her to get help.

The cause of death was recorded as drowning.

The Alabama bubble-wrap salesman was sentenced to four and a half years' jail in June, to be suspended after 12 months.

Friday's Court of Appeal two-to-one split decision means Watson's head sentence remains at four and a half years, but it won't be suspended until after 18 months.

Walter Sofronoff, QC, appearing for Attorney-General Cameron Dick, argued to the Queensland Court of Appeal in July that a seven-year head sentence, requiring Watson to serve two-and-a-half years, would be more appropriate.

He told the court that Watson, an experienced diver trained in rescuing panicked divers, had given five different stories as to what happened when his wife got into trouble.

But defence counsel Martin Burns, SC, argued his client had made a split-second decision to seek help on the surface, which had in hindsight been wrong.

In his written judgment, Chief Justice Paul de Jersey said he believed Watson should be given longer than an 18-month jail term because he contributed to his wife's death in "criminally derelict circumstances".

"The respondent pleaded guilty not just to causing his wife's death negligently, but criminally negligently," Justice de Jersey wrote.

"And that warrants this court's at least doubling the penalty effectively visited upon him by the sentencing court."

However, Justice de Jersey wrote that he couldn't double the sentence because Justice John Muir had dismissed the appeal, and Justice Richard Chesterman would increase the suspension by only six months.

"In these circumstances, to secure an operative order of the court, I am prepared to join in an order for suspension after 18 months," he wrote.

In Justice Chesterman's written judgment, he said a six-month extension was "substantial".

"The reason I would impose the longer term is that 12 months' custody is an insufficient denunciation of the respondent's abandonment of his wife," he wrote.

Justice Muir disagreed with his colleagues.

"Minds may well differ as to whether the suspension of the four-and-a-half year sentence after 12 months was overly generous," Justice Muir wrote.

"However the sentence imposed, in my respectful opinion, was not so substantially different from any sentence which ought to have been imposed."

Premier Anna Bligh told reporters she was pleased the appeal had been successful to an extent, but understood Tina Watson's family would be devastated by the outcome.

"We have the seen the penalty increased, but I can understand why this family will be feeling more grief today and my thoughts are with them," Bligh said.

"Any family in the circumstance this family is in would be feeling a great deal of grief and they would not be happy with this outcome.

"We took the attorney-general's appeal and it has been successful, not as much as we would have liked, but ultimately as government, we will accept the decision of the courts."

Opposition Leader John-Paul Langbroek also had mixed feelings about the result.

"Most Queenslanders would've thought - did think - that (sentence) was manifestly inadequate and clearly that is some redemption, but of course not for the family involved," Langbroek said.

 

Gabe and Tina Watson
American bubble-wrap salesman, David "Gabe" Watson, and his wife, Christina "Tina" Watson, who died while the couple was scuba diving on their honeymoon with Mike Ball Dive Expeditions.

 

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