Monday, October 18, 2010

Let’s Just Say You’re Guilty..

Dianne Brimble. Everybody who’s anybody would have heard of the lady who got (supposedly) drugged, raped and killed on a cruise. Perhaps the particularly astute also know Mark Wilhelm, Letterio Silvestri and Ryan Kuchel, the three that got charged with her death. Of course, there is also the absolute outrage everybody was slammed with when they all got off with nary a slap on the wrist. Clearly these vassals of evil should be locked up for good right?

Well that’s what the media wants you to believe. In the world of trial by media, an unfortunate side effect of free press, it doesn’t really matter about the verdict of the court case (Israel and Daly, 2006). Every media outlet is going to latch on to you and work the public into a frenzy so, whether or not you are guilty, you’re going to be treated like a criminal anyway. In the public’s eye, you are as guilty as guilty comes.

Trial by media can be a serious obstruction to justice and the aforementioned trio in the Brimble case are some recent additions. Though there is a ‘public has the right to know’ attitude, it certainly gets in the way of some real justice. Wilhelm was not even convicted for giving the drug to Brimble – the judge’s reasoning being his punishment through his ruined reputation and the effects on his mental health being more than enough.

And he was probably right. While they do seem like rather unsavoury individuals, especially the charming Mr Sylvestri who allegedly called Brimble a “yuck-ugly dog”, won’t “talk to anyone over 60kg” and famously proclaimed Brimble’s death ruined his holiday, these slights on their personality are hardly grounds to convict them of murder. And who knows if they are even that nasty in real life? The media is quite keen on creating an image of absolute monsters with attention grabbing headlines like “Voyage with the Damned”. In this article, the men involved were supposedly terrorizing all the female passengers and after their death, when interviewed about the incident, made some rather lewd, pornographic comments. They omit absolutely everything that can even be implied as flattering.

On the other hand, Dianne Brimble’s reputation is kept flawless to the point of angelic. Most articles focus on the fact she is a mother, with a long term partner and good family relationships. Of course she will never do drugs that are not prescription or have casual sex – quotes from her friends read out by Ron Hoenig, in charge of the inquest. Surely such a person was taken advantage of and cannot have had any responsibility in the events. However, the fact remains evidence given in the court by her doctor showed that Dianne had indeed had past indiscretions. Further, even on the night, evidence showed Brimble consensually took the drugs and engaged in sexual acts with Wilhelm.

Indeed that was how the courts ruled. Murder and manslaughter charges were all dropped, but the men’s lives were probably ruined. They may not have a criminal conviction, but socially they have certainly been convicted of every  crime – murder, rape, drugs and probably a barrage of others I haven’t managed to unearth. While they might not be particularly nice boys, is it really fair for them to have that cloud hanging over their heads for life?


Davies, L.,  2010, "Mark Wilhelm Walks Free on Dianne Brimble Drugs Charge", The Daily Telegraph, 29th April
Israel, A, Daly, K, 2006, A Guide to Criminology, 3ed, Law book CO, Sydney
Jacobsen, G., 2006, "She was a dog and she ruined my holiday, inquest told", Sydney Morning Herald, 16th June
Tait, P., 2006, "Cruise from Hell Inquest Reveals Sex Predators, Death", Gulf Times, 11th July
"Coroner Slams Brimble Man of Interest", 9 News, 11th July 2007
"Voyage with the Damned", Sydney Morning Herald, Sept 18th 2010



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