How to proceed with conflicting dive buddy?

[admikar]

While topic is somewhat explicit, I believe this is correct subforum, so new divers can also have an idea how to react. (Mods, feel free to move this)
This thread is motivated by a conviction of a diver by Maltese court Maltese court convicts dive buddy.
While we don't know full story, I'll go on assumption that what is said in this article is true

Diving buddy found guilty of AFM soldier's death in 2020 Gozo tragedy

Christine Gauci, 35, had died in the limits of Sannat

timesofmalta.com

So, my question is, how to proceed? You see that your buddy is not in any shape to continue dive, yet refuses to end it. Do you continue with the dive to stay with your dive buddy or do you end it on your own and risk leaving your buddy alone?
Personally, if I am not happy with a dive and my buddy refuses to respect my call to end it, I would go up on my own. I am aware that this would bring increased risk of me being charged if something happens afterwards, but we are trained to not push the dive we are not happy with.
Your thoughts?

 

[boulderjohn]

While the details of that dive are indeed troubling, I don't see that he actually called the dive. It was rather a series of "Are you OK?" questions with "Sure--let's go on" responses. In fact, when he "suggested" that they turn the dive, she complied. They were heading back when she ultimately lost control and surfaced. At least, that is how I read it.

Again, as I read it, he was doing pretty much all he could when she totally lost control and shot to the surface. When somebody does that, you are helpless. You will not catch someone on an uncontrolled ascent.

To me, the biggest lesson from this story is one several people have already mentioned on the other thread on this--never dive in Malta.

 

[rick00001967]

what a crock of s**t. the laws must be very different in that country.
if the guy was her instructor and they were training on that dive, then yes, i would agree with the courts.
but based on what i just read, the only one at fault here is the victim herself who clearly should not have been in the water that day, and was not competent to be diving using the gear she had.
what a sad outcome for everyone.
i was recently asked to possibly go on a trip to this area. now i know what my answer will be. no thanks.
btw.....since when is "seawater drowning" a natural cause.

 

[Beau Holden]

My thoughts? Dive should not to have ever began. It should have been called at the surface.

 

[boulderjohn]

the laws must be very different in that country.

I got the sense from one of the several articles I read that the actual laws are not that different there. There is no law detailing a dive buddy's responsibility for a buddy's safety. That makes the prosecution all the more baffling.

There is, however, a similar law in part of Australia, a law that somehow requires competent assistance in an emergency. I do not understand the details, but I can site a famous example. Gabe Watson's new diver wife Tina struggled on her first ever ocean dive off a liveaboard on the Great Barrier Reef, and his attempt to rescue her was so incompetent that people accused him of intentionally killing her. A point of confusion was the fact that he pled guilty to a manslaughter charge and spent a year in jail. People thought that implied that he had pled guilty to killing her, but in fact it meant he had been incompetent in her rescue in accordance with that law.

 

[Bob DBF]

...but based on what i just read, the only one at fault here is the victim herself who clearly should not have been in the water that day, and was not competent to be diving using the gear she had.

From the article:
Gauci had just come back from a long work shift, saying that she had not slept for 20 hours. But when someone suggested calling off the dive, Gauci insisted that it would do her good.

I don't dive with anyone that does have second thoughts about diving, or that I feel is impaired. The diver, in this case, was both. Although I don't believe he should be severely punished for his actions, I do think that he should have it brought to his attention that he had some responsibility for the death, before they got in the water.

You do have a responsibility to your dive buddy, and sometimes it happens before the dive starts.

 

[admikar]

This thread is not about Malta laws or that particular dive.
Question here is how would you proceed if your buddy ignores your call to end the dive? Or go up, left/right/whatever?

 

[Beau Holden]

In my profession (construction) OSHA requires a competent person for tasks such as, crane rigging and lifting, confined space entry and trench excavation. I know this is different from the accident described. However, the competence begins at the planning of the task. In this accident who was the competent person? This is like when two pilots enter the cockpit, it is determined who is Pilot in Command and has full responsibility for calling the shots, unless the other pilot determines the pilot in command is incompetent. Did the buddy assume the the instructor was the competent person? Don't know and never will. Did the buddy take over this role? Did he do it soon enough? The laws and verdict could be argued forever. But the simple fact remains "anyone can call a dive for any reason" and this reason is not to be questioned during the dive. Discussed and debated after? Yes. The really sad part is, this could have been prevented starting at the beginning.

 

[mcohen1021]

Thought... great way to end it - signal out of air, grab his octo, then make your ascent

 

[S****N]

what a crock of s**t. the laws must be very different in that country.
if the guy was her instructor and they were training on that dive, then yes, i would agree with the courts.
but based on what i just read, the only one at fault here is the victim herself who clearly should not have been in the water that day, and was not competent to be diving using the gear she had.
what a sad outcome for everyone.
i was recently asked to possibly go on a trip to this area. now i know what my answer will be. no thanks.
btw.....since when is "seawater drowning" a natural cause.

And even when she would have been competent to use the gear she had, she never should have done a dive of 77min with deco gases while struggling with buoyancy. When doing deco dives, one has a ceiling. When strugling with buoyancy, respecting that ceiling is not guaranteed.