Dianne Brimble
Encyclopedia
P&O Cruises
P&O Cruises is a British-American owned cruise line based at Carnival House in Southampton, England, and operated by Carnival UK. Originally a constituent of the Peninsular & Oriental Steam Navigation Company, P&O Cruises is the oldest cruise line in the world, having operated the world's first...
cruise ship
Cruise ship
A cruise ship or cruise liner is a passenger ship used for pleasure voyages, where the voyage itself and the ship's amenities are part of the experience, as well as the different destinations along the way...
of a drug overdose. She is alleged to have been neglected and received callous treatment at the hands of passengers she was with at the time of taking the drug. The investigation into her death has resulted in widespread media coverage in Australia, and criticism of both party culture aboard cruise ships and of the investigation immediately following Brimble's death.
Brimble's death
Brimble, a 42-year-old mother of three from BrisbaneBrisbane
Brisbane is the capital and most populous city in the Australian state of Queensland and the third most populous city in Australia. Brisbane's metropolitan area has a population of over 2 million, and the South East Queensland urban conurbation, centred around Brisbane, encompasses a population of...
, died within 24 hours of boarding the P&O Cruises
P&O Cruises
P&O Cruises is a British-American owned cruise line based at Carnival House in Southampton, England, and operated by Carnival UK. Originally a constituent of the Peninsular & Oriental Steam Navigation Company, P&O Cruises is the oldest cruise line in the world, having operated the world's first...
cruise ship
Cruise ship
A cruise ship or cruise liner is a passenger ship used for pleasure voyages, where the voyage itself and the ship's amenities are part of the experience, as well as the different destinations along the way...
Pacific Sky on 23 September 2002, apparently due to ingesting a combination of alcohol and an overdose of the drug gamma-hydroxybutyrate, otherwise known as "GHB
Gamma-Hydroxybutyric acid
γ-Hydroxybutyric acid , also known as 4-hydroxybutanoic acid and sodium oxybate when used for medicinal purposes, is a naturally occurring substance found in the central nervous system, wine, beef, small citrus fruits, and almost all animals in small amounts. It is also categorized as an illegal...
" or "fantasy". According to news reports, security staff on the cruise ship were initially told Mrs Brimble had died of a heart attack, but there were suspicious circumstances.
Toxicology
Toxicology
Toxicology is a branch of biology, chemistry, and medicine concerned with the study of the adverse effects of chemicals on living organisms...
reports later revealed that the amount of the sedative drug in her system was three times the amount that a recreational user would have used. Her body was found on the floor of cabin D182, which belonged to four of the men whom she had met at the ship's disco the previous night. Newspaper reports initially gave differing accounts as to whether Brimble was partially clothed or unclothed when she was found dead.
Inquest
Eight men from AdelaideAdelaide
Adelaide is the capital city of South Australia and the fifth-largest city in Australia. Adelaide has an estimated population of more than 1.2 million...
, South Australia
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
who were travelling companions on the ship had been named by police investigators as "persons of interest" in the case. An inquest was ordered and the eight men, Dragan Losic, Mark Wilhelm, Petar Pantic, Letterio "Leo" Silvestri, Luigi Vitale, Matthew Slade, Ryan Kuchel and Sakelarios "Charlie" Kambouris were subpoena
Subpoena
A subpoena is a writ by a government agency, most often a court, that has authority to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoena:...
ed to appear.
The inquest began in March 2006. An attempt by Wilhelm's attorney to challenge the inquest was rejected, and Wilhelm has been ordered by Deputy State Coroner Jacqueline Milledge to appear when called. Mark Brimble, the ex-husband of Dianne Brimble, represented the family at the inquest and asked questions of witnesses. Other Pacific Sky passengers and personnel had already made statements.
The memory stick
Memory card
A memory card or flash card is an electronic flash memory data storage device used for storing digital information. They are commonly used in many electronic devices, including digital cameras, mobile phones, laptop computers, MP3 players, and video game consoles...
from a camera owned by one of the men, "Charlie" Kambouris, handed in as lost property, had been stolen by a P&O employee who later turned it over to police once he realised that pictures of Brimble and the men of interest were on it. The camera's memory stick had been reformatted
Disk formatting
Disk formatting is the process of preparing a hard disk drive or flexible disk medium for data storage. In some cases, the formatting operation may also create one or more new file systems...
but computer forensic
Computer forensics
Computer forensics is a branch of digital forensic science pertaining to legal evidence found in computers and digital storage media...
experts were able to retrieve more than 150 deleted pictures from it, and by doing so found evidence important to the case. The photographs have not been released to the media because they are considered too graphic.
Wilhelm claimed that the sex was consensual and several photographs appear to support this. Other photographs allegedly showed Brimble later, lying on the floor of the cabin in a naked state, having lost control of her bodily functions..
According to several witnesses' testimonies, the men had spent most of the time on the cruise allegedly propositioning a number of female passengers of varying ages.
Among numerous acts of alleged sexual harassment were asking a 15-year-old to do an erotic dance in their cabin for cash, entering a cabin of four girls uninvited, asking if they were going to the disco where they 'could go down
Oral sex
Oral sex is sexual activity involving the stimulation of the genitalia of a sex partner by the use of the mouth, tongue, teeth or throat. Cunnilingus refers to oral sex performed on females while fellatio refer to oral sex performed on males. Anilingus refers to oral stimulation of a person's anus...
on them' and asking one woman if he could perform oral sex
Oral sex
Oral sex is sexual activity involving the stimulation of the genitalia of a sex partner by the use of the mouth, tongue, teeth or throat. Cunnilingus refers to oral sex performed on females while fellatio refer to oral sex performed on males. Anilingus refers to oral stimulation of a person's anus...
on her among others.
The inquest heard the initial interview that Silvestri had given police in New Caledonia
New Caledonia
New Caledonia is a special collectivity of France located in the southwest Pacific Ocean, east of Australia and about from Metropolitan France. The archipelago, part of the Melanesia subregion, includes the main island of Grande Terre, the Loyalty Islands, the Belep archipelago, the Isle of...
. The interview was taken two days after Brimble's death. At that time, Silvestri denied any involvement with Brimble. During the interview, Silvestri spoke of Brimble in disparaging terms, saying "she smelt, she was black and she was ugly." Silvestri also described her as "desperate", "a yuck-ugly dog" and a "fat thing." Silvestri told the police interviewers he was angry because Brimble "fucked up his holiday" by dying in his cabin. According to police witness statements, Silvestri allegedly said to another cruise passenger, Allison McKain, that "The bitch is dead, the fucking bitch is dead. Some shit went down last night, some top secret shit," and that a woman had died, naked on the floor of their cabin.. Several passengers related how Silvestri had told them that the group had considered throwing Brimble overboard. At least ten passengers saw Brimble, having lost control of her bodily functions, lying unconscious and naked on the cabin floor, including several women Wilhelm specifically invited into the cabin to see her in that state. When the group realised something was wrong they washed and dressed Brimble before calling for help. Later, when medical officers attempted to resuscitate Brimble, Silvestri told the ships purser to "get the bitch out of my room."
Silvestri told the coronial court that Kuchel told him that Mark Wilhelm had given Brimble the drug, and that she took it willingly with full informed consent. However, Wilhelm had written in a signed statement given to a P&O security chief that he had not given any drugs to anyone. In previous testimony given in March, Counsel assisting the coroner, Ron Hoenig
Ron Hoenig
Ron Hoenig is an Australian Barrister at Law and is the Mayor of the City of Botany Bay. He is a member of the Australian Labor Party. After being elected as a councillor in 1980, he became mayor in 1981 and has held that position continuously since...
, described Brimble as being "preyed upon" and asserted that she was impaired in such a way that she could not have given informed consent. At the first inquest in March, Hoenig read statements from family and friends of Brimble, citing that she was a "very moral woman" who did not approve of taking drugs or of casual sex. Both Mark Brimble and David Mitchell, her partner of 14 years, gave evidence to the court pertaining to Dianne Brimble's character. However, evidence was tendered by Brimble's doctor that she had recently been prescribed the morning after pill and had previously had an HIV test for an indiscretion. In addition, the recovered photographs showed Brimble fully conscious having sex with Wilhelm.
Police tapped the telephones of the eight named "men of interest" for six months. Investigators heard nothing incriminating and came to the conclusion that the men did not have the "mongrel
Miscegenation
Miscegenation is the mixing of different racial groups through marriage, cohabitation, sexual relations, and procreation....
instinct" to stick to a fabricated story. However, the men frequently spoke of themselves being the victims, boasted about the media coverage and discussed how to make money from the case, ideas put forward included selling the story to the media, setting up a fee-for-access website and offering to tell police the truth in return for payment.
State Coroner Jacqueline Milledge is expected to hand down the findings of the inquest on 30 November 2010.
Criminal charges
In September 2008, the NSW Director of Public Prosecutions announced Mark Wilhelm, Letterio Silvestri and Ryan Kuchel would face charges over the circumstances of Brimble's death. Mark Wilhelm was to be charged with manslaughterManslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
and supplying a prohibited drug, and Silvestri and Kuchel with perverting the course of justice or alternatively the lesser charge of hindering the investigation.
In October 2009 a Supreme Court trial of Wilhelm ended with the jury unable to reach a verdict.
In April 2010 the manslaughter charge against Wilhelm was dropped after he pleaded guilty to supplying a prohibited drug to Brimble. The judge recorded no conviction and applied no penalty, stating ""It's a significant punishment he has already suffered. ... I am entitled to take into account not only the years of public humiliation of the offender but also the consequences of that on him and his mental health." For hindering the investigation, Kuchel was given an 18 month good behaviour bond while Silvestri was given a 15 month bond.
Aftermath
Dianne Brimble's family revealed the anguish of Brimble's drug-induced death aboard the Pacific Sky in interviews aired on Australian StoryAustralian Story
Australian Story is a national weekly documentary series, produced and broadcast on ABC Television.Since 1996 Australian Story has featured many Australians from diverse backgrounds and reputations...
on ABC
Australian Broadcasting Corporation
The Australian Broadcasting Corporation, commonly referred to as "the ABC" , is Australia's national public broadcaster...
TV.
The case has prompted stricter security measures for Australian cruises with the introduction of security sniffer dogs and closed-circuit surveillance cameras throughout ships in the fleet.
The case also allegedly inspired the 2008 play Cruising
Cruising (play)
Cruising is a new Australian play written by Alexandra Edmondson. It opened at the Tap Gallery in Darlinghurst, Sydney on 6 March 2008. Prior to opening, the play was responsible for much media debate in Sydney. This was initiated by Daily Telegraph which ran the headline "Stage play 'an insult...
.
Wilhelm, Slade and Kuchel are believed to have distanced themselves from the other five who have remained close friends. On 24 September 2010, the eighth anniversary of Brimble's death, Losic, Kambouris, Vitale, Pantic, their partners and friends met for dinner at an Adelaide restaurant. The gathering was criticised by the media, who reported the event in minute detail in a three-page editorial. A separate opinion piece condemned the men's insensitivity in holding a dinner on the anniversary and questioned their lack of shame over the events of 2002. Brimble's family declined to comment on the dinner stating they would "leave it up to the public to make up their minds who and what they are."
Timeline
- Monday, 23 September 2002, at approximately 1700 in Sydney, Australia, Dianne Brimble boards the Pacific Sky cruise ship for a 10-day/9-night cruise to NouméaNouméaNouméa is the capital city of the French territory of New Caledonia. It is situated on a peninsula in the south of New Caledonia's main island, Grande Terre, and is home to the majority of the island's European, Polynesian , Indonesian, and Vietnamese populations, as well as many Melanesians,...
, New CaledoniaNew CaledoniaNew Caledonia is a special collectivity of France located in the southwest Pacific Ocean, east of Australia and about from Metropolitan France. The archipelago, part of the Melanesia subregion, includes the main island of Grande Terre, the Loyalty Islands, the Belep archipelago, the Isle of...
, and VanuatuVanuatuVanuatu , officially the Republic of Vanuatu , is an island nation located in the South Pacific Ocean. The archipelago, which is of volcanic origin, is some east of northern Australia, northeast of New Caledonia, west of Fiji, and southeast of the Solomon Islands, near New Guinea.Vanuatu was...
. She is accompanied by her sister, Alma Wood, her daughter, Tahlia Marshall, and her niece. The eight "persons of interest" also board the ship. A total of 1500 passengers are on board.
- Tuesday, 24 September 2002 at about 0400, Brimble is seen leaving the ship's disco with four of the eight "men of interest." At approximately 0830, the ship's emergency paramedics are called to cabin D182 when attempts by two of the men to revive Brimble fail. At 0903 she is pronounced dead.
- Thursday, 26 September 2002 Detectives board the ship while in port in Nouméa and begin questioning various witnesses. While Brimble's cabin was sealed for further investigation the cabin where she was found was not, the four occupants, Wilhelm, Slade, Kuchel and Silvestri are moved to another cabin and are allowed to remove their belongings. The cabin was then cleaned. Brimble's body is removed from the ship and transported back to Australia. Her family members also disembark.
- Friday, 4 October 2002. Brimble's funeral is held in Brisbane. More than 250 people attend, including her former husband, Mark Brimble, and her partner, David Mitchell.
- 9 March 2006. The inquest into her death opens at Glebe Coroners Court in Sydney. Statements are given by friends and family of Brimble, and Pacific Sky passengers and crew.
- 16 June 2006 Letterio "Leo" Silvestri is the first of the "persons of interest" to take the stand at Glebe Coroners Court.
- 25 June 2006 Mark Brimble, Brimble's former husband, becomes the Australian representative for the US-based group International Cruise Victims OrganizationInternational Cruise Victims Organization"International Cruise Victims" is a nonprofit organization whose primary purpose is to offer support and assistance to people who have been affected by crimes committed against themselves or family members while on cruise ships, or who feel they have received poor treatment by cruise ship...
.
- 28 July 2006 Ryan Kuchel, the second "person of interest", testifies before the coroner.
- 11 September 2006 The inquest resumes. Betty Wood and Alma Wood, the mother and sister of Brimble, fly in from Brisbane to attend the inquest. Ryan Kuchel continues to give evidence, as do several members of P&O's security staff. During the week, Petar Pantic and Dragan Losic also testify. Upon finishing his testimony, Pantic formally apologises to the family of Brimble.
- 6 November 2006 The inquest resumes. Evidence is given by Dragan Losic, crew members and other witnesses. Brimble's family accuse police of covering up evidence.
- 16 February 2007 The counsel assisting the inquest, Ron Hoenig, suggests to the coroner that Leo Silvestri and Mark Wilhelm could be charged with murder over Brimble's death.
- 22 February 2007 P&O's chief executive, Peter Ratcliffe, apologises to the Brimble family for the company's failure to handle the situation properly following the death of Brimble. P&O offers a substantial payment to the family.
- 9 July 2007 The inquest resumes.
- 10 July 2007 Testimony is given by Luigi Vitale. He says he had never met Brimble, and does not believe her death was suspicious. He says he has no memory of the events leading up to her death.
- 13 July 2007 Testimony is given by Matthew Slade. He sets himself apart from the other seven persons of interest, referring to them as "wankers" and "idiots." He says he had received death threats regarding the case, as had another of the persons of interest, Mark Wilhelm.
- 26 July 2007 The coroner ends the inquest, saying there is enough evidence capable of satisfying a jury that "known persons" had committed indictable offences. Counsel assisting the inquest, Ron Hoenig, said there was enough evidence to conclude two unnamed people had committed an indictable offence. Hoenig said possible charges could relate to supplying a person with a drug and not rendering a person assistance.The case is referred to the Director of Public Prosecutions. In previous days, the inquest heard secretly recorded telephone conversations in which several of the men of interest joke and make derogatory statements about Brimble, including claims that she "was no angel". Some discussed the possibility of selling their stories to the police and the media for millions of dollars. The last of the men of interest to take the stand, Mark Wilhelm, elects to exercise the right to remain silent during the inquest.
- 6 December 2007 Person of Interest in Dianne Brimble's murder, Petar Pantic, fled Australia with a one way ticket for SerbiaSerbiaSerbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
. He was discovered to have fled when police tried to serve an arrest warrant on him, in relation to the importation of prohibited ZoophiliaZoophiliaZoophilia, from the Greek ζῷον and φιλία is the practice of sex between humans and non-human animals , or a preference or fixation on such practice...
pornography. He returned to Australia in 2009 and was fined $5,000 for the offence.
- 11 September 2008 The NSW Director of Public ProsecutionsDirector of Public ProsecutionsThe Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several criminal jurisdictions around the world...
recommended that Mark Wilhelm be charged with manslaughterManslaughterManslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
and supplying fantasy, and that Letterio "Leo" Silvestri and Ryan Kuchel be charged with perverting the course of justicePerverting the course of justicePerverting the course of justice, in English, Canadian , and Irish law, is a criminal offence in which someone prevents justice from being served on himself or on another party...
.
- 19 February 2009 A trial date has been set for the trial of three of the persons of interest. http://www.abc.net.au/news/stories/2009/02/20/2496765.htm?section=justin
- 21 April 2010 Manslaughter charge dropped against Mark Wilhelm. http://www.theage.com.au/national/brimble-death-manslaughter-charge-dropped-20100421-ssl4.htmlhttp://www.heraldsun.com.au/news/manslaughter-charge-against-mark-wilhelm-dropped-in-dianne-brimble-case/story-e6frf7jo-1225856298632
External links
- Account of Dianne Brimble's death and the culture of cruise ships Cruising: Life and Death on the High Seas, published in The MonthlyThe MonthlyThe Monthly is an Australian national magazine of politics, society and the arts, which is published eleven times per year on a monthly basis except the December/January issue. Founded in 2005, it is published by Melbourne property developer Morry Schwartz...
, September 2006, won a Walkley Award in 2007. - Transcript of Australian StoryAustralian StoryAustralian Story is a national weekly documentary series, produced and broadcast on ABC Television.Since 1996 Australian Story has featured many Australians from diverse backgrounds and reputations...
Monday, 8 May 2006, The Mourning After interviewing Dianne Brimble's family. - Story and comments at International Cruise Victims OrganizationInternational Cruise Victims Organization"International Cruise Victims" is a nonprofit organization whose primary purpose is to offer support and assistance to people who have been affected by crimes committed against themselves or family members while on cruise ships, or who feel they have received poor treatment by cruise ship...
website. - Excerpt of news story from the Daily Shipping News for 8 October 2002
- Dianne Brimble story from Cruise Bruise
- Iconic photograph of the "eight men of interest" posing together before boarding the cruise ship. Dianne Brimble can be seen in the background.