It’s been seven years since Brisbane mother-of-three Dianne Brimble died naked and alone on the floor of a stranger’s cruise ship cabin.

Mark Wilhelm: may face a retrial over Brimble's manslaughter.

In that time, through a 16-month inquest and subsequent court appearances, we have heard about the bungled police operation, incompetent security staff and – perhaps most stunningly – been shown just how appallingly human beings can behave.

Ms Brimble was a mother of three children and it’s those young adults whom we should all consider today.

A man who had been accused of Ms Brimble’s manslaughter – allegedly by giving her the drug that led to her death – was left with an unclear future after a jury was unable to reach verdicts.

Mark Robin Wilhelm, 37, may face a retrial on the same charges – manslaughter and supply of a prohibited drug – or there may be negotiations about resolving the matter another way after large elements of the case were withdrawn by the Crown on the eve of the jury’s deliberations.

But at least he has a future.

Ms Brimble does not, and her children face a darker one without their mother.

Irrespective of the outcome of the trial today – which legally cannot be subject to much comment – if this case is to teach any of us anything at all, it should be about how we treat each other.

Maybe she was flirting outrageously with some of the men on board the ship, maybe she – as Wilhelm’s defence counsel argued – took the drug willingly as a fully consenting adult, knowing it was dangerous in a moment of naivety.

But regardless of that, she never deserved the treatment she received at the hands of at least three complete strangers afterward.

She was still a human being, with family and friends who loved her – and a daughter who was sleeping just metres away as her mother lay crumpled on the floor of the Pacific Sky’s cabin D182 – a fact known to the men within hours of her death.

For Leo Silvestri to then describe Ms Brimble as a “fat chick” who ruined his holiday – among a string of other abhorrent terms that do not need to be repeated here – is an absolute disgrace.

He simply didn’t care, she was an annoyance and a problem that needed to be got rid of.

His indignant attitude and the complete uncaring ambivalence of some of his friends is galling.

Most of the others just wanted to get as far away from the problem as possible, erase it from their minds and never look back.

Certainly, others – including Wilhelm – were described as being very upset at the death of the woman and others expressed remorse at her passing to her family.

So they should.

To behave any other way deserves the social and moral condemnation of us all.

19 comments

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    • leelee says:

      02:32pm | 20/10/09

      “deserves the social and moral condemnation of us all”.....couldn’t agree more, some of the things those so-called men said and did about and during this horrible tragedy are mind-boggling. There own parents, friends and families should be absolutely ashamed of the lot of them.

    • Tim says:

      02:37pm | 20/10/09

      Pffft,
      reverse the genders in this event and the story would not even have been reported on.
      Everyone assumes because she was a woman and a mother that she must have somehow been the victim.
      Sure these men weren’t very nice to her, but last time i looked there wasn’t any law against being callous.

    • DaveA says:

      02:39pm | 20/10/09

      Without wanting to contradict our most knowledgeable leader I would like to suggest that these “men” are somewhat worse than people smugglers in the vilest category.

    • halberstram says:

      02:46pm | 20/10/09

      “To behave any other way deserves the social and moral condemnation of us all.”

      Fine.

      But this is a legal case and it would be wasteful of the prosecutors to pursue another trial when there appears no realistic view of a jury agreeing.

      The case must rest on the proven facts - not on wishful thinking !

    • RGG says:

      02:51pm | 20/10/09

      P Gordon, because criminal liability is only ever decided when it is clear beyond a reasonable doubt. If you seriously think that should be taken away then you’re insane.

    • Gillian says:

      02:54pm | 20/10/09

      I agree completely. All Diana Brimble wanted was to have a fun holiday away but she came back in a coffin. We’ll never really know what happened but she did not deserve to be treated in the way that she was. I am disgusted at the attitudes of these men and their lack of remorse towards her death. As you say, she was more than just an inconvenience, she was a mother and a human being and worthy of more respect.

    • Andy C says:

      03:01pm | 20/10/09

      I agree with the comments about the appalling behavior of the men involved, but I’m not sure Wilhelm should be found guilty of manslaughter because he supplied the drug.
      Despicable and vile human ... Yes.
      Very very tough situation. Certainly would not want to be on the jury.

    • dina says:

      03:15pm | 20/10/09

      Tim I really don’t think her gender has anything to do with it. If a man died on a boat and a group of women took photos of his naked body and showed them around whilst he was dying, suggested throwing him overboard to get rid of the problem, complained this fat pig ruined their holiday by DYING, etc I think there would be just as much outrage over how people can treat another human being so appallingly. Grow up and realise this is an issue of humanity and accept that none has been shown to this person regardless of her sex.

    • RT says:

      03:19pm | 20/10/09

      I will risk swimming against the tide of moral indignation here. I’m not surprised that the jury did not reach a verdict.  Maybe it’s not possible to hold anyone accountable for Ms Brimble’s sad and tragic death. Ms Brimble’s own recklessness may have been the main factor. Mr Wilhelm was charged with manslaughter yet I didn’t read of any evidence that supported the charge beyond reasonable doubt.  There was no evidence given that Brimble took the drugs unwillingly or unknowingly. She may have been alcohol affected but so was everyone present. At worst, medical attention should have been called sooner. People die in their hundreds each year through drug overdoses and rarely is anyone charged for not getting immediate medical attention.  People commenting about the case seem most outraged about the callousness shown by the men towards Brimble’s plight. Let’s remember that apart from Wilhelm, none has been charged over Brimble’s death.

    • Sandy says:

      03:50pm | 20/10/09

      The jury could not reach a verdict because there was no enough evidence to prove fantasy drug caused Ms Brimble’s death…The charge was for manslaughter and the judge told the jurors they had a legal duty and not a moral one…..I think the human species is the worst in the world..they have no emapthy or compassion. We often fail to see the other person is a human being just like us.

    • Dani says:

      03:54pm | 20/10/09

      First time in a while I’ve seen stories on a court case open to comments. But what actually surprises me is that - despite all the media attention and reporting of this incedent - a jury remains unconvinced. I guess it shows whoever is on that jury is doing a good job at blocking out the immediate condemnation and assumptions of guilt piled upon the men involved by everyone (not you in particular, lisa) and must actually be considering the law quite closely. it restores my faith in the jury system.
      i’m sure what he did was wrong somewhere along the line, but it might not necessarily been manslaughter.

    • Matt says:

      05:10pm | 20/10/09

      This isn’t really related to the court case, but the guys’ comments that Brimble had “ruined” their holiday always remind me of Paul Kelly’s song “Everything’s turning to white”. Very sad.

    • Puggi says:

      09:18pm | 20/10/09

      This case is more about misogyny and, despicable as it was, a bad night gone even worse. Mrs Brimble was a consenting women who got very drunk and ended up in the cabin of a stranger. Through her intoxicated actions, and the men/man around her, she died. I see it as a tragic accident ... Culpability lies with both parties. Calling someone a fat chick or the ruiner of a holiday is no reason for incarceration.

    • Louisa says:

      09:38pm | 20/10/09

      I’m not surprised the jury could not reach a verdict, in fact that was what ZI expected, because this is a very complex case.  That said, all of these ‘men’ are truly vile despicable beings.  Whether or not they were directly responsible for her death, they treated her as if she was less than nothing, just an object to be used and cast aside. Then to complain that she ruined the holiday by dying? That goes a lot further than callousness, Tim.  These are beings with a hole instead of a heart, who care about nothing and nobody except their own gratification.

    • simon says:

      10:11pm | 20/10/09

      What a nightmare for all concerned. Its been over 7 years since Ms Brimbles death & still no resolution ! This is not timely justice - for anyone. I thought there was a ‘double jeapody’ rule where someone couldn’t be tried twice for the same offence?

    • JS says:

      01:11am | 21/10/09

      I’m sorry but since when are people continually made to feel guilty before being proven so?  Is it not the word of law that you are innocent in this country until proven guilty by a jury of your peers?  I’m sick of this.  The other day journalists were reporting on the gentleman GUILTY of terrorist activities and still referring to their crimes as alleged.  Yet this guy here cannot be found to be guilty because there is no EVIDENCE and yet you are here linking him to unsavoury comments from other people.  THERE IS NO EVIDENCE.  Thus this guy cannot be proven beyond reasonable doubt that he is guilty of manslaughter against this woman.  If there was evidence i’m sure it would of been much easier for the jury. I cannot believe how many comments in here judge this guilty just on the world of a bunch of journalists.

    • Liz says:

      06:32am | 21/10/09

      ‘galling’ is hardly the word.They behaved disgracefully but many young men do.Sad as it all is Ms Brimble was presumably not forced to take the drugs.If she’d stayed clean maybe she’d be here telling us what a great holiday she had.

    • Rommo says:

      08:19am | 21/10/09

      I agree, the behaviour of these men was well below par according to normal social standards. 

      However, whether Wilhelm’s acts alone (and not the acts of his travelling companions imputed to him) constitute manslaughter on a criminal burden of proof (ie: beyond reasonable doubt) is a question for the jury. 

      Clearly, this jury could not agree, and accordingly, Im not sure (based on what has been reported), whether it will be possible to find a jury that will convict Wilhelm.

      From all reports at the time behaviour was well below par for both genders on those cruises.  Unfortunately, perhaps this was the accident that was just waiting to happen.

    • Mary says:

      07:24pm | 21/04/10

      No one can change the outcome now. But here is a grown woman on a holiday with her young daughter who choose to enter a cabin of her own accord with men unknown to her and also take drugs. These men were predators but surely we as women should know by instinct to keep away from these type of people.
      The people i feel sorry for are her family but we have to learn to educate young women about self respect and the choices that we make in life and how it can effect the people we care for.

 

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