Diver to blame for accident that cost him his foot, court holds

A court has found a diver responsible for an accident which cost him his left foot, deciding that he had 'completely ignored the rules governing safety at sea'

The incident occurred in May 2009 off the coast of San Blas in Gozo
The incident occurred in May 2009 off the coast of San Blas in Gozo

The blame for a collision between a speedboat and a diver which cost the latter his left foot has been laid squarely on the diver, with a court dismissing his claim for damages after it was told that the man had been diving in open water without a marker buoy.

The incident occurred in May 2009 off the coast of San Blas in Gozo when 59-year-old Louis Bonavia had taken his friend Ian Busuttil out on his dinghy to go fishing.

But while snorkelling just below the surface, Bonavia's foot was severed by the propeller of a passing speedboat driven by John Bonello.

Despite the plaintiff's claim that the Court experts had established that the vessel had been traveling at low speed, in an area well outside the swimmer's zone – some 1,300 metres offshore – a far cry from the 30 metres alleged by the plaintiff.

The court was told that the divers, who were rendered harder to spot by their dark coloured wetsuits, had been around 25 - 30 metres away from their dinghy when the accident occurred and none of the three marker buoys that had been stowed on the dinghy had been deployed. Bonavia had been unable to explain why these buoys had not been used, when asked by the court.

Mr Justice Silvio Meli, presiding the First Hall of the Civil Court ruled that the accident solely the result of imprudence and negligence on Bonavia's part.

The applicant, "despite his claims of vast experience in this particular field, completely ignored the rules governing safety at sea," the court said, dismissing the man's claim for damages.