Australia is one of many countries that will not extradite to the United States if the death penalty is a potential punishment.
"Alabama A-G: death penalty 'still on table'," is the title of Marissa Calligeros' report for the Brisbane Times.
The Attorney General of Alabama has refused to back down from a possible capital murder charge against honeymoon dive killer Gabe Watson, despite knowing Australia will not extradite a person if they may face the death penalty.
Gabe Watson, 32, was convicted this year of manslaughter after leaving his wife of just 11 days, Christine 'Tina' Watson, to drown on the floor of the Great Barrier Reef in 2003 during a scuba diving trip.
Alabama Attorney General Troy King has maintained Watson evaded the full weight of the law under a plea bargain with the Queensland Department of Public Prosecutions and is determined to pursue a capital murder charge against Gabe Watson in the United States.
Alabama authorities believe they can mount a case that Watson plotted and planned the 'murder' in the US state.
"I won't add to the dishonour of [Tina's] memory by allowing Australia's view of what is just to affect what we do," Mr King told Fairfax Radio 4BC today.
"If we become convinced that we can prove a capital murder charge, we will go to an Alabama grand jury and seek the most severe charge."
But under the Australian Extradition Act, a person cannot be deported to face prosecution for a capital offence, unless there was an undertaking that the death penalty would not be carried out.
And:
Mr King maintained Queensland authorities had refused to co-operate with the state's prosecutors, although the Queensland Attorney General's department found no record of any formal request from Alabama, "despite an extensive search".
It is understood, however, that a request has been made by Mr King's office to the Queensland Police for the investigation material.
University of Queensland international law expert Professor Andreas Schloenhardt told brisbanetimes.com.au any transmission of investigation material must be made between the Australian and United States federal governments, by way of a formal request.
"Watson's extradition up to Canberra: Qld," is the AAP report by Steve Gray, via the Sydney Morning Herald.
Gabe Watson's extradition to the United States to face trial for the honeymoon dive murder of his wife Tina is a matter for the Australian and US governments, Queensland's acting police minister Andrew Fraser says.
The 32-year-old Watson is serving 18 months in jail after pleading guilty to the manslaughter of his wife, Tina, while scuba diving on the Great Barrier Reef in October 2003.
Tina's family this week accused Queensland authorities of not cooperating in efforts to have Watson extradited to the United States to face murder charges in Alabama.
"It's a matter that needs to be pursued by the American government in the first instance, not the state of Alabama," Mr Fraser told reporters in Brisbane on Wednesday.
"It therefore becomes a matter for the Commonwealth of Australia, not the state of Queensland.
And:
Watson will not be extradited to the US if he faces a judicial death.
A spokesman for the federal attorney-general's department said the Extradition Act prevented a minister from surrendering a person to be prosecuted for an offence that carried the death penalty.
The only circumstances where Watson is likely to be sent back to the US is if there's a promise the death penalty won't be imposed or, if it is imposed, it will not be carried out.
The Courier-Mail of Australia has, "Honeymoon killer Gabe Watson could face death penalty in US," written by Rosemary Odgers and Emma Chalmers.
Comments