Dive boat accident involving Dive tech and Cathy Church boat

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I respectfully disagree. Had she not hit the Divetech boat, she would have plowed through a field of about 30 cruise ship snorkelers from Cayman Diving, and surely killed several and injured many more. Would your opinion be different had that happened? What if one of your family members was one of these snorkelers?

I totally understand and sympathize with that sentiment and I agree that I would want vengeance if she had injured or killed someone I loved.

On the other hand, nobody was physically harmed and the article said that she has a good past record and admitted her responsibility. I don't know her personally but we do know that she has dedicated her life to diving, preserving, showcasing, and educating others about the underwater environment, she has built up a successful business and promoted dive tourism and provided gainful employment for the staff of her UW photography business - so all that should count for something.

What if she was your Grandmother who had made a terrible mistake and by sheer luck managed not to physically harm any people? Wouldn't you hope for a little leniency in that case? Would criminal charges against Grandma make anything better?
 
I totally understand and sympathize with that sentiment and I agree that I would want vengeance if she had injured or killed someone I loved.

On the other hand, the article said that she has a good past record and admitted her responsibility and we know that she has dedicated her life to diving, preserving, showcasing, and educating others about the underwater environment - so that should count for something.

What if she was your Grandmother who had made a terrible mistake and by sheer luck managed not to physically harm any people? Wouldn't you hope for a little leniency in that case? Would criminal charges against Grandma make anything better?
Sometimes it's time to take the keys from Grandma. Which sucks, for both Grandma and whomever has to get her groceries. For every older person I've seen lost their license, the end is not far away.
 
Sometimes it's time to take the keys from Grandma. Which sucks, for both Grandma and whomever has to get her groceries. For every older person I've seen lost their license, the end is not far away.

That's what I was thinking about, too. I was remembering when we had to take the keys away from an elderly relative, it was tough on everybody, but unfortunately it was necessary.
 
I totally understand and sympathize with that sentiment and I agree that I would want vengeance if she had injured or killed someone I loved.

The only reason she didn't injur or kill anyone was luck, would it be the same result if she were 40? Nowhere in the outcome, charges dropped, did it say she could not be back at the helm today. No example for anyone, insurance settled, charges dropped, your good to go. Imagine that for reckless drivers.


Bob
 
I respectfully disagree. Had she not hit the Divetech boat, she would have plowed through a field of about 30 cruise ship snorkelers from Cayman Diving, and surely killed several and injured many more. Would your opinion be different had that happened? What if one of your family members was one of these snorkelers?

I totally understand and sympathize with that sentiment and I agree that I would want vengeance if she had injured or killed someone I loved.

On the other hand, nobody was physically harmed and the article said that she has a good past record and admitted her responsibility. I don't know her personally but we do know that she has dedicated her life to diving, preserving, showcasing, and educating others about the underwater environment - so that should count for something.

This topic strikes a very personal note. In 2013, I was struck by a boat during a severe thunderstorm over the reef in Delray, Fl. I made an emergency descent and suffered only a relatively minor injury, a laceration and broken bone in my foot. I was holding the flag just before the incident. The captain was cited for reckless boating, excessive speed, and no watch. I still occasionally wonder what the outcome would have been had he killed me, the difference was only inches.

Event published in detail: Alert Diver vol 31(1), p14, 2015.
 
The bottom line here is that no one actually knows what the outcome is aside from those directly involved — parties in the case, the lawyers, court recorder and judge. If this was a miss on the road where there was only damage to the vehicles and no DUI or DWI what would have been done? What could have happened doesn’t count, only what did happen. I am not going to lie and say luck has been on my side a couple of times on the road. If Miss Church is banned and ignores it, it is criminal otherwise if the parties involved agreed in a mutually satisfactory settlement (or the best they could get under the circumstances) it was their choice. If it is age related then it needs to be dealt with. We just had a tragic boating accident and every op and pleasure boater in these waters need to be confident that if it was avoidable those in charge will deal with it so a similar situation can never happen again. They have bought in a marine forensic expert to go through the pieces of the vessels involved. Apparently that alone may take months. When the issue is settled, we will not be looking an Internet forum for answers. Every time anyone has any type of accident that they can walk away from, luck was involved. Wouldn’t it be lovely if that was always the case?
 
Long ago, though in a galaxy not far away (meaning New Orleans), I was for a time a Coast Guard Investigating Officer, and on rare occasion had to decide to charge a licensed mariner with negligence or violation of regulation, and proceed against that License. Or decide not to.
This was some serious stuff. Tanker in the Gulf ran into/over a low-lying oil platform under construction, at 18 knots, at night. Fire and total loss for tanker, but fortunately no one on the platform, no one hurt on the ship, and supply boats nearby to rescue crew as they abandoned ship. Lots of details to consider, but platform was unlit (very recent hurricane had put out a lot of lights in the Gulf).
Long story short, Captain went before an Admin Law Judge and was given a revocation of license for a period of months with a "probation" for a year provided no further incidents. Two mates (who didn't check the Notices to Mariners recently enough to know their trackline went directly "over" this new platform under construction) given letters of reprimand.
The point in my view was to not "do in" these three mariners, but to get the word out in a real way to industry that post-storm steaming the Gulf requires much caution, and better to use the Safety Fairways than to "run the rigs" and risk a new structure being built along your favorite route while you were up on the East Coast or somewhere else.

I know nada about the facts of this case and why moving vessel had no lookout while steaming in an area with obstructions, but maybe the Cayman authorities saw that a lesson that needed to be learned, was learned, and is unlikely to occur. Possibly tempered by the fact that insurance was in place and would cover victim-vessel? Having once been "the authorities", there's a lot that goes on behind the scenes in making a decision, which may not be apparent to the maritime (or general) public.

At the end of the hearing, I learned this same captain had previously lost a tanker in flames early in his long career. It was torpedoed out from under him during WWII. Can you imagine how he must have felt to have it happen a second time? I was more glad to have not thrown the book at him in this loss.
 
People forget that laws don't prevent people from doing the wrong thing. It punishes them after the fact.

The only prevention is the fear of punishment. Even good people will ignore the law if they don't think they will get caught, or don't care about the punishment.

And no I don't think the accident was intentional. Just some of the comments in this thread...SMDH
 
The only reason she didn't injur or kill anyone was luck, would it be the same result if she were 40? Nowhere in the outcome, charges dropped, did it say she could not be back at the helm today. No example for anyone, insurance settled, charges dropped, your good to go. Imagine that for reckless drivers.


Bob
Different country, different rules, different culture?

Foreign places sometimes display strange behavior.

I found it more than a little ironic that in Germany you can make a bribery trial go away by proactively offering to pay a "fine"...
F1 boss Ecclestone pays to end trial

I vaguely remember a discussion about Mexico allowing a boat captain to pay the victim to make charges disappear in a diver / swimmer collision...
 
https://www.shearwater.com/products/teric/

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