Peter Hawthorne Testifies
Peter Hawthorne, a security officer on the Pacific Sky, said he saw an "extremely intoxicated" Ms Brimble stagger as she and Mr Wilhelm left the ship's pizzeria together about 4.15am on September 24, 2002.
Mr Hawthorne said it did not occur to him to tell detectives he had seen Ms Brimble intoxicated with Mr Wilhelm.
Robert Cairnduff Testifies
Senior Sergeant Robert Cairnduff told the court yesterday he found Valium prescribed to Letterio Silvestri, one of the eight persons of interest, and a tablet labelled hydroxy cut in the cabin. He was later handed in another sleeping tablet, Temaze, found by doctors in the cabin.
He said although no semen was found in Mrs Brimble's genital area, a semen stain was found on her underpants. This was analysed, but could not be matched to any known person. Forensic tests of the body and clothing of Dianne Brimble have revealed DNA of two unknown males. Only Matthew Slade has given police a DNA sample.
Sergeant Cairnduff told the court DNA of a second unknown male had been found under the fingernails of her left hand.
Sergeant Cairnduff said blood samples found in the cabin belonged to her.
A New Witness To Testify
Counsel assisting the coroner, Ron Hoenig, said one passenger would give evidence that she heard a woman's scream coming from the direction of the cabin that Mr Wilhelm shared with Mr Silvestri, Mr Kuchel and Mr Slade.
Mr Hoenig said another witness was expected to tell the court that she heard a man shout "shut up" and a woman say "no" from the cabin.
Ron Hoenig told the inquest that Mark Wilhelm and Leo Silvestri's legal representatives should consider their clients' position.
The inquest is now adjourned until July, when Wilhelm and three other persons of interest are expected to face questions at the inquest.
Addressing the inquest, Hoenig said evidence that Silvestri and Wilhelm showered and dressed the dying woman while she was likely "in cardio-respiratory arrest" could be viewed as an act that constituted murder.
"The definition of murder includes an omission or act with reckless indifference to human life as well as an act or omission with intent to cause grievous bodily harm," Mr Hoenig said.
"It could well be contended that the failure, specifically by Silvestri and Wilhelm, to call medical assistance for whatever reason is an act or omission with reckless indifference to human life, which could constitute murder."
Mr Hoenig said as Wilhelm and Silvestri had allegedly consulted another friend, Petar Pantic, on Brimble's condition he may be an accessory.
Silvestri and Pantic have given evidence but Wilhelm has yet to be called. Their companions Matthew Slade, Charlie Kambouris and Luigi Vitale will also be called in July.
Family Settles Out Of Court - February 22, 2007
It was announced that the Brimble family, Mark Brimble the ex-spouse of Dianne Brimble, who is looking after her children, and David Mitchell who was her significant other at the time of her death, reached a deal with P & O Cruises in meetings held in Brisbane, Australia, for an out of court settlement.
P&O chief executive Peter Ratcliffe, arrived in Australia and within a week an offer had been made, and accepted.
Mr Ratcliffe, a board member of P&O's parent company, Carnival Corporation, held a press conference to apologise to the family and admit P & O Cruises had contributed to their suffering. See the press release - here.
The amount of the settlement was not released to the public. However, it is worthy to note, that the inquest into the death of Dianne Brimble, which is ongoing, had seen in recent weeks, numerous witnesses that testified to the negligence of P & O in handling this case, right from the beginning.
Mark Brimble said, ""I think it was the first time in 4½ years that we were able to give some information to the children and close family that was positive, as opposed to every other bit of information which was dreadful to have to share with them," he said. "We are happy. I was extremely happy from the point of view of being able to pass on some positive information."
UPDATE: JULY 26, 2007
The inquest continues with the persons of interest coming forward to testify again.
Evidence has presented, in the form of audio tapes, from wire taps, showing some of the persons of interest have been discussing this case in great depth, including who was at fault, and who wasn't.
On day 66, the inquest has been halted with the Director of Public Prosecutions (DPP) consider laying criminal charges now against three persons of interest.
NSW Deputy State Coroner Jacqueline Milledge said there was evidence capable of satisfying a jury that "known persons" had committed indictable offences.
"And there is a reasonable prospect a jury would convict the known persons in relation to the cause of death of Mrs Brimble," Milledge said.
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.
In the August 2006 taped phone conversation, Mark Wilhelm said: "She actually sh-- herself, that tells me it is all over, she was very cold and clammy to touch". Testimony has shown, that after that Wilhelm and Silvestri put Brimble in the shower to clean her up, then dressed her, before calling for medical assistance for her. The taped conversation, shows that Wilhelm thought at the time Brimble was near death, and he delayed calling for help.
In other taped converstations, Peter Pantic was thinking about ways to make a buck from the tragedy when he was being secretly recorded by telephone taps last year. "Let's make some money out of it before they shaft us," he said. He also suggested setting up a website, before noting a number of media outlets "are making good money out of this at our expense".
Later, Pantic suggested going to the police, noting the investigation had cost about $3 or $4 million. "We will tell you the truth for a mill," he said.