Cruise Industry Regulation: What happens on vacation stays on vacation

• Author: Rosie Myers
• Position: Rosie Myers LLB (Hons) is currently employed as an Articled Clerk at Legal Aid WA. This essay originally formed a research paper undertaken as a student in Maritime Law at Murdoch University. The author would like to thank Kate Lewins for her valuable comments and advice in finalising this paper.
• Pages: 106-119

CRUISE INDUSTRY REGULATION: WHAT HAPPENS ON VACATION STAYS

ON VACATION

Ro sie Myers*

1. Intro duction

1.1 The Dia nne Brimble Story

On 24 September 2002, the half-naked body of Queensland mother Dianne Brimble was discovered on the

floor of a stranger’s cabin on the P & O cruise ship ‘Pacific Sky’. The ongoing coronial inquest was

informed that Ms Brimble died of an overdose of a combination of alcohol and the illegal drug gamma-

hydroxybutyrate, also known as ‘Fantasy’ or ‘GBH’. She had been sexually assaulted, possibly by a

number of men.

The inquest by the NSW Coroner identified a number of alarming issues relating to possible cover-ups in

the days after the attack. There have been assertions that the cabin was not sealed and that ship’s security

staff allowed people of interest to remove items from it.1 This was despite a request by Australian

Detectives on route to investigate Ms Brimble’s death that the Manager of Pacific Operations for P&O

secure the scene.2 A memory card from a camera belonging to one of the men who was last seen with Ms

Brimble was lost. It was later found by a young boy and returned to police. Although the card had been

reformatted, it was found to contain photos of Ms Brimble engaging in intercourse with several men, and of

her lying in her own faeces on the floor.3

Stories have also emerged of several passengers who saw Ms Brimble’s body in the cabin but who

apparently did not realise that she was dead at the time. Other women have come forward to say that they

were offered drugs on board the cruise. There has been evidence of alcohol induced activities such as men

running naked through the corridors of the ship.4

Australian investigators were unable to board the vessel for two days following Ms Brimble’s death while

the ship travelled to New Caledonia. Once onboard, detectives carried out their investigation by socialising

with other passengers in the onboard nightclub. Further, not all the relevant staff were interviewed about

the incident. There have also been allegations that some evidence was not processed and that not all leads

were followed through.5 The Brimble inquest has raised many questions about what may have occurred in

the days following Ms Brimble’s death and the overall quality of the investigation.6

While Ms Brimble’s death itself is tragic, the alleged circumstances leading up to it and the following

cover-up are shocking. They have led to calls for greater regulation of the cruise industry.7 On 7 July 2006,

the Australian Prime Minister, John Howard MP, said he would be prepared to work with the States in any

* Rosie Myers LLB (Hons) is currently employed as an Articled Clerk at Legal Aid WA. This essay originally formed a research

paper undertaken as a student in Maritime Law at Murdoch University. The author would like to thank Kate Lewins for her valuable

comments and advice in finalising this paper.

1 ABC Radio ‘Brimble Inquest Hears staff disturbed crime scene’, World Today, 15 June 2006

<http://www.abc.net.au/worldtoday/content/2006/s1663754.htm > at 31 October 2006.

2 P&O told to seal Brimble Cabin, Inquest Told, (2007) ABC News Online<http://abc.net.au/news/newsitems/200702/s1841277.htm >

at 7 February 2007.

3 ABC Radio ‘Brimble inquest: Losic changes story on the stand’ PM,15 September 2006

<http://www.abc.net.au/pm/content/2006/s1742357.htm > at 31 October 2006.

4 ABC Radio ‘Brimble inquest calls for more P and O staff to come forward PM, 26 June 2006,

<http://www.abc.net.au/pm/content/2006/s1672345.htm> at 31 October 2006.

5 ABC Radio ‘Brimble inquest hears of weak security on ship’ PM Show, 8 February 2007,

<http://www.abc.net.au/pm/content/2007/s1843593.htm> at 20 February 2007.

6 Ibid.

7 While Ms Brimble’s death may have acted as a catalyst for discussion on these issues (in Australia at least) it is clear that regulation

needs to cover a far wider range of issues.

(2007) 21 A&NZ Mar LJ

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