Honeymoon killer may wait months

So-called honeymoon killer Gabe Watson could languish in a Melbourne detention
centre for months, his Australian lawyer fears.
Adrian Braithwaite has criticised the federal government for not receiving clear
details from its American counterpart on whether Watson would face the death penalty
in the US.
Watson, a 33-year-old from Alabama, completed an 18-month sentence in a Queensland
jail last week for the manslaughter of his bride, Tina, during their scuba-diving
honeymoon on the Great Barrier Reef in 2003.
He is now an illegal immigrant who, in usual circumstances, would have been deported
but is being held at the Maribyrnong detention centre while the government seeks an
assurance he would not face the death penalty if returned to America.
"This could take weeks or months," Mr Braithwaite told AAP on Monday.
"At the earliest stages, I asked for clarity about what would happen upon his
release, from the attorney-general, about his intentions.
"We have made a request for a temporary immigration visa but have not had a response."
A spokesman for the immigration department said it had received no application for a
temporary visa for Watson.
It's understood a grand jury in Watson's home state of Alabama has made a decision
on whether or not he should be charged there with murdering and kidnapping Tina.
But that decision can't yet be made public for legal reasons.
It is believed that, if charged, prosecutors will argue that Watson murdered
26-year-old Tina by drowning her so he could claim her life insurance.
Mr Braithwaite echoed the sentiments of leading Australian barrister Robert Richter
that Watson should not be tried for the same crime twice in line with double
jeopardy laws, and that should be tested in court.
"Why can he be prosecuted on the same factual basis that he was charged and
convicted on in the Queensland courts?" he asked.
"Double jeopardy is a fundamental principle of our legal system and this could not
happen and would be impermissible in Australia."
Brisbane-based Mr Braithwaite also accused authorities of political interference by
forcing Watson to move nearly 2000km from his lawyer to detention in Melbourne.
"The pessimistic part of me asks the reason why only one man - who could have stayed
in Queensland - has to be accommodated so far away from his lawyer," he said.
"Gabe, obviously, would like to not be in this continued environment of detention
having served his sentence."
Immigration Minister Chris Bowen rejects the suggestion that he and his department
are to blame for Watson remaining in detention after having served his jail term.
A spokesman said Watson had planned to "voluntarily" return to the US when his
prison sentence ended.
"The department (of immigration) informed him of the real risks he faced if he was
to proceed down that path and he decided that was not acceptable," the spokesman
said.



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