Death of Dianne Brimble - Criminal Charges

Criminal Charges

In September 2008, the NSW Director of Public Prosecutions announced Mark Wilhelm, Letterio Silvestri and Ryan Kuchel would face charges over the circumstances of Brimble's death. Mark Wilhelm was to be charged with manslaughter and supplying a prohibited drug, and Silvestri and Kuchel with perverting the course of justice or alternatively the lesser charge of hindering the investigation.

In October 2009 a Supreme Court trial of Wilhelm ended with the jury unable to reach a verdict.

On 21 April 2010 as the second trial began, Wilhelm pleaded guilty to an alternative charge to manslaughter, saying that he had caused Ms Brimble to take the drug. However, in an unusual move, Justice Howie refused to accept the plea saying, "I cannot allow him to plead guilty to a matter he did not commit, and he did not commit this.” Shortly after, Crown Prosecutor Terry Thorpe withdrew the charge of manslaughter against Wilhelm.

Justice Howie said he wholly supported the decision to drop the charges because there was no evidence to support the charge. The judge said the majority of the public believed Wilhelm should be held responsible for Ms Brimble's death, but their view had been coloured by prejudice and hysteria. He said the coronial inquest had been unfortunate because it allowed a lot of irrelevant material to be exposed to the media. "Mr Wilhelm had no basis to believe that he was in any way putting Ms Brimble's life at risk," he said."She was an adult who, on the evidence, voluntarily took the drug knowing what it was. She didn't think it would harm her, neither did Mr Wilhelm." Wilhelm pleaded guilty to the far lesser charge of supplying a prohibited drug.

The judge then recorded a "no conviction" and applied no penalty, for the charge of supplying, stating ""It's a significant punishment he has already suffered. ... I am entitled to take into account not only the years of public humiliation of the offender but also the consequences of that on him and his mental health." For hindering the investigation, Kuchel was given an 18 month good behaviour bond while Silvestri was given a 15 month bond.