Australia: Alabama seeks death for dive death

Alabama A-G: death penalty 'still on table'
MARISSA CALLIGEROS
From: The Brisbane Times, 14 January 2010

The Attorney General of Alabama has refused to back down from a possible capital murder charge against honeymoon dive killer Gabe Watson, despite knowing Australia will not extradite a person if they may face the death penalty.

Gabe Watson, 32, was convicted this year of manslaughter after leaving his wife of just 11 days, Christine 'Tina' Watson, to drown on the floor of the Great Barrier Reef in 2003 during a scuba diving trip.

Alabama Attorney General Troy King has maintained Watson evaded the full weight of the law under a plea bargain with the Queensland Department of Public Prosecutions and is determined to pursue a capital murder charge against Gabe Watson in the United States.
Alabama authorities believe they can mount a case that Watson plotted and planned the 'murder' in the US state.

"I won't add to the dishonour of [Tina's] memory by allowing Australia's view of what is just to affect what we do," Mr King told Fairfax Radio 4BC today.

"If we become convinced that we can prove a capital murder charge, we will go to an Alabama grand jury and seek the most severe charge."

But under the Australian Extradition Act, a person cannot be deported to face prosecution for a capital offence, unless there was an undertaking that the death penalty would not be carried out.

"One way [to have Watson extradited] would be for Alabama to water down its law the way you have watered down yours," Mr King told 4BC.

"But I believe that for us to seek any punishment and any penalty less than that which we think is appropriate doesn't make matters worse, it compounds what's already a very tragic and sad situation.

"If we get the evidence, and as I am anticipating, [it] does support a [capital murder charge], then of course I'm not going to take it off the table."

But Tina's father Tommy Thomas told brisbanetimes.com.au today he would be disappointed if Mr King's refusal to take the death penalty off the table would see Watson "escape justice again".

"I would be disappointed if something were to allow him to escape extradition and continue to allow him to freely escape a trial by jury," Mr Thomas said.

But Mr Thomas stopped short of calling for Mr King to drop a possible capital murder charge against Watson.

"The fact of the matter is the decision to that end is really not in our hand to begin with," he said.

"What we've always wanted is to see Gabe stand trial for what he was indicted for in Australia."

Yesterday, Acting Police Minister Andrew Fraser said double jeopardy laws and Australia's objection to the death penalty would hamper any attempts to extradite Watson.

Should Australia refuse to extradite Watson, Mr King said "it would remain pending until and unless he returned to the United State voluntarily".

"It's our citizen who went to Australia. It's our citizen who did not come home. It's our citizen who lost their life. And I intend to do everything in my power to see that justice is done by the state of Alabama for citizens of the state of Alabama," he said.

Mr King maintained Queensland authorities had refused to co-operate with the state's prosecutors, although the Queensland Attorney General's department found no record of any formal request from Alabama, "despite an extensive search".

It is understood, however, that a request has been made by Mr King's office to the Queensland Police for the investigation material.

University of Queensland international law expert Professor Andreas Schloenhardt told brisbanetimes.com.au any transmission of investigation material must be made between the Australian and United States federal governments, by way of a formal request.