Belize Tragedy

[RonFrank]

Here are a few links to stories around this tregedy....

http://www.7newsbelize.com/index.shtml#4

http://www.channel5belize.com/archive_detail_story.php?story_id=15048

http://www.channel5belize.com/archive_detail_story.php?story_id=15032

 

[*Floater*]

Anyone know how the boat and crew made it back?

Jeff

From Ron's last link: "Tucker [Bee Bee] stayed on board, drifting for more than twenty hours until he neared Northeast Caye on the Glover's Reef atoll. From there he jumped off and swam approximately three miles to the caye."

 

[DandyDon]

From Ron's last link: "Tucker [Bee Bee] stayed on board, drifting for more than twenty hours until he neared Northeast Caye on the Glover's Reef atoll. From there he jumped off and swam approximately three miles to the caye."

That just sucks. Cannot help but wonder why the search planes didn't see a boat?

But then, why wasn't the boat more seaworthy? Cheap bids are often what you pay to get. Buyer/tourist beware.

 

[Doc Intrepid]

IMHO, this operator is guilty of criminal negligent homicide...

Nothing the operator did or failed to do directly resulted in the decision by four divers to jump into the sea - with fatal results in one case. The divers had other options available to them. Moreover, in terms of 'homicide' requiring some element of intention or reasonably foreseeable outcome, the operator could not have foreseen that a malfunctioning engine would result in divers jumping overboard.

I'm with Mark on this one. I'm not saying that the operator isn't guilty of numerous crimes and misdemeanors. I'm not even saying that the operator didn't contribute to the circumstances. I'm saying he didn't cause death. I'm saying that personal responsibility on the part of every diver is always required, especially when diving in remote locations. The operator didn't force the divers into the water. No one in the employ of the operator forced those divers overboard. If it were that great an idea, one wonders why "Bee Bee" didn't jump in at the same time.

Not that it matters what either one of us thinks, but like Mark, if I'm looking for a lessons learned to take with me in the future, it certainly includes "Check out the operator. But the more important lesson-learned is "don't jump in the water and think you're going to swim, in full scuba gear, against the wind and the current for any appreciable distance".

And "always be ready - even on vacation - to Option #1 the dive".

YMMV.

 

[String]

The question really is was the operator in breach of local laws and regulations? If they WERENT there is no way the operator is guilty of anything at all. I have no idea what rules and regulations apply to that area - some areas are far more lax than others.

 

[*Floater*]

from Ron's first link above:

Dive Shop's License REVOKED!

The decision was made on Friday and today tour operator Vance Cabral got the news that the now deadly diving trip that he led two Saturdays ago in Placencia was his last.

On Friday the 9 member Tour Operators Licensing Committee met and voted unanimously to revoke the license held by Cabral's Advance Diving Shop. In making its decision, the board reviewed the Police Department's report on last Saturday's incident which left four tourists stranded in the water's off of Placencia for nearly 55 hours. One of the tourists never made it and the ones who survived say the boat had no radio and no back up engine.

The board also considered that less than a year ago on December 28th Cabral was in another diving accident. In that incident a boat with 10 people was returning from Glover's Reef when it overturned. At that time, Cabral's license was suspended for one month and he was placed on probation for one year starting in January of this year. At the time of last Saturday's ill-fated trip, Cabral was still on probation.

Cabral's tour guide license expired in December of last year and his sideman Mark Tucker's license expired in April of this year. That means that both men who led the ill-fated tour in rough seas were not licensed to do so. That is a criminal offence, and the police are expected to bring charges for it. The BTB says it will recommend that the tour guide licensing committee similarly revoke Mark Tucker's guide license. Vance Cabral and his dive shop Advanced Diving will also be summoned for hiring an unlicensed guide, which is Mark Tucker.

Meanwhile a memorial service the dive trip's only casualty Abigale Brinkman will be held tomorrow in her hometown.

 

[Scuba]

Doc Intrepid

I'm in full agreement about the lessons everyone can learn from this in regards to everyone's responsibilities.

Nothing the operator did or failed to do directly resulted in the decision by four divers to jump into the sea - with fatal results in one case. The divers had other options available to them.

That's questionable, not definitive. In regards to options, who is to say they didn't choose the best one. In this thread the general guideline " Never abandon a boat at sea" has been accepted without consideration for exceptions to the rule. Without knowing many of the specifics in this case with certainty, I'm going to engage in some speculative analysis, though it's not that far fetched by any means.

Small boat on a day with inclement weather. Engine dies 2-3 minutes from caye, unsuccessful attempts are made to re-start. Anchor fails, communications equipment is inoperative. There is no other means to signal for assistance. At this point some time has passed and the boat continues drifting out to sea. A quick decision must be made while there is still the option to attempt a swim to shore. The divers concluded they could make the swim to shore, and perhaps believed it was the better choice than staying aboard drifting out into probably worst weather in their small boat, adrift and probably with minimal or no water or food. It would at least be sometime before they were reported lost, and inclement weather could possibly delay any search operations. Not a black and white picture anymore, is it? So yes, he did put them in a position where the best option may well have been to attempt a swim to the caye. We will never know for certain what would have happened otherwise. One can not assume a better outcome as being anything other than questionable speculation. For all we know the boat is still out there or at the bottom of the sea. Also consider that the DM made the decision to swim 3 miles to safety at a later time. One can't assume the others would have made it, if they had waited. Besides so much for the not forced to jump in argument. Seems like the only ones who disagree with the choice to jump in are those speculating from a distance.

Several questions unknown in this incident are knowledge of weather forecast, food or water on board? The DM decided to stay until he bailed near another caye. Did he know the current would likely carry the boat in that direction? Did he inform the passengers? Based on his experience and conditions what was the likelihood of the boat capsizing? One thing I know, I wouldn't believe anything these guys said if their tongue came notarized.

Moreover, in terms of 'homicide' requiring some element of intention or reasonably foreseeable outcome, the operator could not have foreseen that a malfunctioning engine would result in divers jumping overboard.

I won't say there was willful intention to hurt or kill the passengers. That's called murder. But have no doubt about one thing, there was the intention to overlook a reasonable foreseeable outcome over and over again on the part of this operation. How many times does one have to run out of fuel at sea or continue to operate an/or engine(s) that repeatedly stalls out at sea, on a small boat with no functioning communications or signal devices - before one realizes a tragedy can result? Neither the operator or DM had a valid license, a crime in itself in Belize.

When the whole of the evidence is considered here, in my opinion this is a criminal case of negligence. But Belize is another country with different laws, and it appears manslaughter will not be one of the charges levied based on the links to the story in another post. But there is some good news about the license revocation and possible criminal charges.

Let's keep an eye out for these negligent incompetent individuals with little to no regards for the safety of others. They've already shown neither their conscience nor the law will stop them.

 

[Scuba]

From: http://www.channel5belize.com/#a1

Tour guides banned forever in death of U.S. diver

A Placencia tour operation, Advanced Diving, has lost its license following the death of a SCUBA diver and three day ordeal at sea for three other divers who survived. According to the Belize Tourism Board, the Tour Operating Licensing Committee met last Friday and not only voted to shut down Advanced Diving, it also recommended that guides Vance Cabral and Mark Tucker be banned from guiding for the rest of their lives. It was a unanimous decision based on information supplied by the Police Department and the fact that this is the second incident involving Advanced Diving within the last ten months. A summons has also been issued for both guides since they were operating without licenses after being placed on probation for the first mishap in January. In addition, Advanced Diving is facing penalties for hiring unlicensed operators. When asked if it is likely any serious criminal charges such as manslaughter by negligence will be brought against the pair, Anthony Mahler of the B.T.B. says the Police Department indicated this would be difficult since the surviving divers have admitted that they left the boat of their own volition in an attempt to swim to Silk Caye. However, he indicated that the family of the diver who did not make it, Abigail Brinkman, does have the option to pursue the case as a civil matter, as do the other divers: Nancy Masters, John Bain, and Yutaka Maeda, who incurred substantial medical expenses during their recovery from dehydration, salt water intake, and severe sunburn. Abigail Brinkman is seen here in a photo taken when her family visited her here in Belize just two weeks ago. A memorial service will be held for her tomorrow in Indiana. Brinkman was in Belize as part of her medical school rotation in which she had been posted at a clinic in Punta Gorda three weeks before her death.

 

[DandyDon]

Tour guides banned forever in death of U.S. diver

Watch out, he may move to Roatan where they don't require PFDs.

 

[miketsp]

If its a type approved radio and you hold an international recognised certificate theres no problem in importing a radio.
..snip..

I have to disagree.
Having tried to import VHF radios into many countries while running projects there can be quite a bit of bureacracy associated with this activity.
Many countries require you to have a local license issued by the Telecommunications Authority of that country so quite often they will be confiscated by customs if found.

Normally special rules apply to ships, boats & aircraft visiting temporarily.

Extract from the Belize telecommunications Act of 2003:
No person or entity shall import, install, sell for use or use any item of
equipment in Belize listed in the Schedule to these Regulations, unless the PUC
grants a permit in respect of that type of equipment.

Any person desirous of importing any equipment shall apply in
writing to the PUC for a permit to import such equipment.

An applicant for a permit to import any equipment shall include
in his application:
(a) a sample of the equipment where requested;
(b) the prescribed fee;
(c) the relevant literature; and
(d) the relevant technical specifications.

The PUC may require a maximum period of six weeks for:
(a) testing the samples of equipment;
(b) the purpose of reviewing the applications; and
(c) the granting of type approval for customer
premises equipment.
The PUC may require a maximum period of three months for the
purpose of reviewing an application, for testing any samples of equipment and
for granting type approval for switches and other high capacity equipment.
(1) The PUC may recognise type approvals granted by other
countries.



“PUC” means the Public Utilities Commission as established under the Public
Utilities Commission Act;



In addition to the import license you will also need a mobile station license to use it. Described in the same document and takes a bit of time to get.