Question Accountability situation Malta

[lewissell]

I am guessing that this concerns the 2014 diving accident involving "Stephen Martin accused of ‘involuntary homicide’ over deaths of his girlfriend and another man, which a UK inquest found were accidental" Scuba enthusiast fights extradition to Malta over dive deaths

"Maltese prosecutors are seeking to hold Martin, an IT manager from London, responsible for the deaths of Larissa Hooley, 48, and Nigel Haines, 59, because he was the diver with the most experience on the expedition in question.

The tragic sequence of events began on 7 June 2014 when Martin, Hooley, Haines and two others – Jeremy Coster and Alan Crantson – entered waters known as the Blue Hole off the island of Gozo, just off Malta. All were members of the Brighton branch of the British Sub-Aqua Club (BSAC).

They were swimming along a submerged cliff 10 to 15 metres below the surface when, 20 minutes into the dive, Hooley veered off and began descending rapidly, leaving a jagged lines of bubbles.

Her friends followed, flashing torches in an attempt to elicit a response. She did not reply. By the time they reached her, Hooley had sunk to a depth of 35 metres. Coster and Haines brought her up in a 90-second ascent.

When Hooley surfaced her respirator was out of her mouth, she had turned a bluish colour and was unresponsive. Martin pulled her up on to land with difficulty; the water had become choppy. Mouth-to-mouth resuscitation failed.

Amid frantic attempts to save Hooley, Haines slipped back into the water. Crantson called a passing boat to help find Haines. His lungs had been damaged on the way up with Hooley, and he also died."

As noted in the Guardian article: "Martin’s predicament is deterring British divers from travelling to Malta. “People are refusing to go out there because what happened to me could potentially happen to them,” Martin said. “It’s hitting the Maltese diving economy. If they convict me and put me in jail, then everyone will feel at risk.”"

There are no shortage of criminal cases where the motives for prosecution are less than clear. Personally, I would not risk diving in Malta until the case is concluded. But one is prompted to wonder whether this could happen in other countries as well. I think the answer is yes.

The recent case in 2023 was overturned.

Business as usual

Contact me I am an instructor here for diving logistics @dive80cuft.store

 

[BoltSnap]

diving logistics @dive80cuft.store

Is this a dive shop or a dive center or what?

 

[lewissell]

The entire diving community in Malta was outraged with the court's decision.
If you read between the lines, the Maltese just wanted to blame the death of a national on someone.

Diving regulations are not stricter than anywhere else, except that Open Water certified divers have to dive under the supervision of an instructor. Solo diving is allowed, I have done lots of solo dives. Renting tanks/lead and dive or your own: allowed.
The only thing that is not allowed, is freelance teaching. That has to be done through a dive center. This regulation was likely pushed by the dive centers to protect their business.

On the other hand, there are lots of facilities especially for divers. When you drive to Cirkewwa you will see the text "divers" on one lane, which leads to a parking area especially for divers. Cars that have no dive log visible on the dashboard, are fined by the authorities. Over 90% of all dive sites are shore dives which are reachable with a normal car. Both Malta and Gozo have decompression chambers with experienced medical staff. Dive centers service all their equipment yearly, and that is actively checked by the authorities.

Malta is one of the best diving destinations in Europe. Lots of shallow sites (Malta), deep sites (Gozo), wrecks, caves, walls, arches, with generally amazing visibility. The incidental bad story makes headlines, the numerous awesome dives do not.

Is this a dive shop or a dive center or what?

I am an instructor, it is a retail outlet online.

Please pop it in to Google dive80cuft.store.

I operate from a licensed dive store here in Malta, think;
Any of the big named instructors that operate and certify from the big centres that advertise here year round, under affiliation.

I do just that, then sometimes I work for a dive centre because there’s a lack of staff.

 

[David A-G]

HI,
Just joined, should have some time ago to be honest. Local diver and involved very much in the local diving community + I run the non-commercial website News, information and features on scuba and free diving around the Maltese Islands plus information about diving services providers, diving clubs, centres and relevant NGOs

Just a few answers to some of the comments I've seen on this post:

1. Yes, the legal system will investigate any unexpected serious injury or death from a criminal aspect. That includes diving accidents. Depending on an initial investigation which is led by the Police and the Courts (throughout which "experts" may be appointed to assist), a decision is taken as to whether anyone has contributed in a criminal way through negligence in the victim being injured or dying. This may apply to anyone, irrespective of it being a guided dive, or buddies diving together. The same as would happen for a car accident resulting in injuries - the driver or participant is held to account.

2. More than the 2 cases mentioned above have been taken in front of courts over the last two decades. So far, from what we know, no diver has yet been convicted following the first appeal (Castillo's case was overturned - you may see the judgement here: Judgement in the case of the Maltese buddy overturned on appeal. - divinginfo.mt).
Other cases have been for example, a dive instructor & guide on a charity try dive by a local non-commercial club during which a local lied in the medical form and died during the try dive due to her condition.
An instructor who was leading a dive on the Um-el-Faroud wreck and during which one diver following surfacing away from the wreck became unresponsive.
Both the above cases did not result in convictions.

3. We do have an average of 3 deaths per year during diving (considered a small number when compared to average of ca. 150,000 visiting divers per year + local divers), and a high number involve middle to advanced aged divers suffering from cardiac issues. Unfortunately, although accidents are reported in the press when they happen, the underlying reasons are not published in public - neither autopsy nor investigation reports. Due to the legal framework here, such information is restricted to police & courts + victims' lawyers and accused if anyone is.

4. The law related to diving here is mainly concerned with the running of diving operations and yes, the law was pretty much drafted with the diving centres' association "help". Main limitations here are that teaching & rental of diving equipment needs to be done through a licensed diving centre, in line with same law. It does not prohibit anyone from diving solo, nor to fill up his own cylinders (many local divers do so in fact).

5. Regarding diving sites, there are many - but the most popular are done from shore, with a few boats organised by diving centres and diving clubs (for residents) operating regularly, especially between April to October. For one of the most comprehensive diving sites website, look no other but MaltaDives.com – Malta, Gozo, Comino & Filfla dive sites

 

[SlugLife]

So far, from what we know, no diver has yet been convicted following the first appeal

Both the above cases did not result in convictions.

The following doesn't inspire confidence: (a) charges were brought (b) a trial did happen (with all the risks stress, and legal expenses), (c) he was convicted and (d) was fortunate enough the appeals court overturned it.

Watching an interview Castillo did, the death was harsh, but the trial wrecked him.

the law was pretty much drafted with the diving centres' association "help". Main limitations here are that teaching & rental of diving equipment needs to be done through a licensed diving centre, in line with same law.

Diving center lobbying for laws which require you use a diving center for services? I suppose that's real nice for the diving centers.

 

[BoltSnap]

The fact that charges were made and case went to criminal court with trial ensuing leading to convictions, this is a major issue and doesn't inspire any trust or confidence in Malta's legal system and its diving policies. The costs to go to trial and for the instructor to defend himself and file for an appeal are huge. The fact that the instructor was in jail or was on the "wanted list" are other shiit spots in Malta's diving industry. Trying to put a positive spin on the events or try to brush it off is just BS that insults the intelligence of others.

 

[L13]

2. More than the 2 cases mentioned above have been taken in front of courts over the last two decades. So far, from what we know, no diver has yet been convicted following the first appeal (Castillo's case was overturned - you may see the judgement here: Judgement in the case of the Maltese buddy overturned on appeal. - divinginfo.mt).

Then it is even more bad than I thought. That the Castillo case even made it to court is a travesty. Did the Maltese government copensate him for the legal costs in defending himself? For the time spent defending himself, For the time he spent detained, for maligning his good name?

If the Maltese dive industry does not want to have this reputation, they need to fight against this kind of legal regime, not excuse it.

 

[David A-G]

@SlugLife @L13 @BoltSnap
Mind you - not defending the legal system. Unfortunately humans are there running it...

If I had to reform that system - and would be applicable to other sports as well, would be first a proper inquiry which makes use of multiple well versed experts and with a certain openness to evidence - which unfortunately in the local system only occurs when a case goes ahead. In most cases, what we get to know is what is reported in the press / court judgements, and through the hive.

One example would be something like what happens in the aviation industry. Proper public report, lessons to be learnt and as much as possible - separate from any criminal case unless it's a real case of utmost negligence.

Re diving centers laws: well, one primary concern at that time (and still crops up sometimes) is the possibility of individuals being unregulated & irresponsible. Imagine yourself as a tourist coming over and getting a service from someone who just evaporates if things go south...
On that matter, do you have knowledge or references to your applicable local laws/regulations for comparison? At some point updates could be called for.

 

[L13]

@SlugLife @L13 @BoltSnap
Mind you - not defending the legal system. Unfortunately humans are there running it...

Corupt humans that you are defending.

Re diving centers laws: well, one primary concern at that time (and still crops up sometimes) is the possibility of individuals being unregulated & irresponsible.

You mean "the possibility of individuals being free"?

On that matter, do you have knowledge or references to your applicable local laws/regulations for comparison? At some point updates could be called for.

Try every other country with a dive industry for examples of how to do it better.

And, according to you, your dive industry fought for what you have now. You would have been better of without anything.

 

[David A-G]

Corupt humans that you are defending.


You mean "the possibility of individuals being free"?


Try every other country with a dive industry for examples of how to do it better.

And, according to you, your dive industry fought for what you have now. You would have been better of without anything.

well, I am not defending anybody - just stating that yes, failures occur in every justice system.

Individuals being free? Maybe I need to make you aware that as far as I know, if you're referring to Castillo, he was never actually detained or arrested, thankfully, unless it was for a few hours to provide his version of events maybe on the day and in the following months as indicated in the court sentence where he gave his version of events a few times.

Our legal process doesn't drop you in jail automatically! In the first judgement which later got overturned his sentence was for a "suspended" sentence, which meant he would have ended up in jail for 2 years only if he committed a crime within 4 years. That wasn't applied in view of the appeal process which later cancelled the first court's conviction. Of course the whole process is taxing on the individual in question but it seems you might have misunderstood the events.

I don't think the current law is shackling anyone from operating in the industry. Requirements are basic - e.g. to train in line with ISO equivalent standards, having qualified instructors / guides depending on diver level, medical exams for instructors and prospective divers who don't qualify through the self-assessment, an insurance policy, keeping dive logs & safety equipment, servicing, etc... you can have a read at the actual law (in english) at LEĠIŻLAZZJONI MALTA .

That it could be improved - of course! I remember a few years back there was a proposal that any diver over 60 had to get a medical done which to be honest, when seeing our accidents' high level data, may not have been necessarily a bad idea!

When you say "every other country" -- cough it up - happy to receive links & have a read. We've had in the last few years much more stringent requirements imposed by the local hyperbaric chamber for diving medicals for instructors and now you need to meet the UK HSE standard to be given the yearly certificate for instructing / guiding.