Man’s extradition to Ala. held up over death penalty

November 11, 2010|Associated Press

SYDNEY — An American man convicted in the drowning death of his wife during a honeymoon scuba dive on the Great Barrier Reef was released yesterday from an Australian jail.

But he was not immediately deported to the United States, where officials want to try him for the death.

Immigration officials escorted Gabe Watson from the Queensland state jail, where he served an 18-month sentence, to an immigration detention center this morning. He will be held there until Australia — a staunch opponent of capital punishment — receives assurances that he will not face the death penalty in his home state of Alabama, said a spokesman for the Department of Immigration and Citizenship who was speaking on the customary condition of anonymity.

Watson pleaded guilty to manslaughter in the death of his 26-year-old wife of 11 days, Tina, during a 2003 scuba-diving trip. Queensland officials initially charged him with murder, arguing that he killed her by turning off her air supply and holding her underwater. Watson pleaded guilty to the lesser charge last year in an Australian court.

A possible motive was Tina Watson’s modest life insurance policy, said Queensland’s coroner, David Glasgow.

Attorney General Troy King of Alabama has said he believes Watson devised a plot in Alabama to kill his wife, which would give the state jurisdiction to charge him.

King has argued there are no international standards of double jeopardy that prevent Alabama from trying Watson.

Last month, a grand jury met in Birmingham, Ala., to decide whether to indict Watson in his wife’s death. It’s unclear what the outcome of that session was because prosecutors haven’t said, and indictments in Alabama are not considered public record until a suspect has been arrested.

Under Australia’s Extradition Act, a person can’t be deported to face a capital charge unless there is an assurance the death penalty will not be imposed.

Cameron Dick, the Queensland attorney general, said in September that King had promised him Watson would not face a death sentence.

But yesterday, Immigration Minister Chris Bowen said Australia was still in discussions with the US government over what charges Watson might face and whether any of those could carry the death penalty.

“If it is reasonably foreseeable that there is a real risk that an individual will face the death penalty if returned, Australia will generally require assurances from the receiving country that the death penalty will not be carried out,’’ Bowen said. “Any such assurances will be taken into account when assessing whether Australia can remove an individual from its territory.’’

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