Two men accused with diver’s death

The 24-year-old woman who lost her life while diving for charity did not sit for the pre-dive medical test, although she was aware that her father had been diagnosed with a hereditary medical condition.

Taking the witness stand in the compilation of evidence against two men charged with the woman's involuntary homicide, the victim's boyfriend explained how they attended a 'dive-for' charity' event held at Qawra. The victim was among a group of four first-time divers who on 12 July 2009, were taken on a 15-minute shallow trial dive after donating €10 for charity.

The accused, a 49-year old man of St Paul's Bay and a 62-year old retired man of Zurrieq, face charges of involuntary homicide due to negligence in their work. The two are the organisers of an annual charity diving event. Magistrate Claire Stafrace Zammit ordered a temporary ban on all names of those involved in the proceedings.

When the couple arrived at the dive site, the organisers informed the participants that they did not need to sit for an on-site medical test unless they have a medical condition. The majority of the divers took their tests as some suffered from sinus and one had recently recovered from a head injury. However the victim held she had no medical history and did not take the test.

Unknown to the organisers, the victim's father had been diagnosed with a medical condition. The woman and her family were aware of this and had been attending counselling sessions to help the family cope with the father's illness. Although she knew her father's condition was hereditary the young woman had not shown any symptoms of being afflicted by the same condition and opted not to sit for the pre-dive medical test.

Once the tests were ready the group proceeded to start the dive. The water was murky and there was a lack of visibility. The couple were the last two divers at the end of the group, with the woman swimming to the side and slightly behind the witness.

"At one point I lost sight of her, but given the lack of visibility I swam on and rejoined the group. However I noticed that she was not with the instructor so I motioned to him that she was missing," the witness explained.

Moments later the group surfaced, only to be joined by the instructor calling for help. He was holding the young woman who was frothing at the mouth and unconscious. The woman was still wearing her weight belt but had ditched her oxygen tank and jacket. This may have kept her under water, the witness said.

The victim was taken to shore were the on-site doctors tried to revive her.  "Twice the crowd cheered as she threw up water but I never saw her recover," the victim's boyfriend concluded.

Pathologist Mario Scerri confirmed to the court that the woman had died of  asphyxia due to drowning.

A doctor on duty at the emergency department held the woman arrived in hospital dead and all attempts to resuscitate her proved futile.

Defence lawyers Michael Sciriha and Michael Tanti Dougal told the court that this was a tragic incident which took place five years ago. "There is no need for lengthy proceedings. It is a case where nobody is at fault yet everyone is hurt by the consequences," Sciriha said.

The lawyers requested a temporary ban on the names of the victim, accused and witnesses to prevent the charity organisation and the popular annual event from being jeopardised.

Inspector Joseph Busuttil is prosecuting.