As far as i remember it was the second year diving as a professional for him. But im not quite shure about that anymore.
I need your opinion
- Thread starter Klopo
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The Maltese have had a couple of bad incidents which the Maltese law stepped in with a completely misguided heavy hand -- lying is another accurate word.
Some non-diving fool pontificating on having to rescue someone even if your life would be put in danger. Now thrown out.
In another case they invented an attempted murder charge to extradite a diver which they finally withdrew after putting that person through months of being treated like a criminal -- ankle tagged, nighttime cerfew, reporting to police, being jailed.
But then again, look at their politics.
Sorry it's not saying nice things about Malta.
Chavodel8en
Contributor
Yes, apparently Malta is something special. Some folks have posted articles about Maltese court cases involving scuba in this thread.
The brief version is that, throughout the world, there is generally no duty of care for a mere buddy, if you have no professional responsibility over a diver, such as a paid divemaster might have. I.e. if you do nothing to help a mere buddy in distress, you should not have any legal liability.
However, apparently in Malta there may be a different standard, such that, in one instance, a mere buddy who "allowed" his buddy to separate from him, and the buddy ended up dying; he was convicted of manslaughter, to much outcry in the diving community that viewed it as unjust. His conviction was later overturned on appeal.
Note that boulderjohn has discussed in this thread that there may be some liability attached if a divemaster proclaims some professional responsibility over another divers safety, even if they are not taking payment.
Wow you got deep and rescue at dive #10, you are a natural 
I think most people would help but not be endangering themselves for a person they don’t know.
On holidays, with an instabuddy, unless urgent, I try to get the guide to look at my buddy when the buddy looks like he is having troubles just doing basic stuff.
In your case since you had only 10 dives, it was clearly the guide responsibility IMHO. I don’t think anyone expect a buddy pair with a total of 16 dives between them to be fully self sufficient yet. Well done on the rescue
I think most people would help but not be endangering themselves for a person they don’t know.
On holidays, with an instabuddy, unless urgent, I try to get the guide to look at my buddy when the buddy looks like he is having troubles just doing basic stuff.
In your case since you had only 10 dives, it was clearly the guide responsibility IMHO. I don’t think anyone expect a buddy pair with a total of 16 dives between them to be fully self sufficient yet. Well done on the rescue
clownfishsydney
Contributor
Generally recreational divers do not have a legal responsibility to rescue someone, but as others have pointed out, Malta appears to be different. Back in 2003 Tina Watson died on the wreck of the SS Yongala off Townsville, Queensland, Australia. Her husband, Gabe, was later charged with murder on the basis that Queensland had an obscure law relating to a person's responsibility to do everything possible to rescue or give assistance someone in peril. This law was unique to Queensland and was not reflected in any other state or territory of Australia. This law is no longer valid. Gabe later he pleaded guilty to manslaughter, something I believe he should never had done.
That case was similar in some ways to what the OP has described. Two very inexperienced divers, one panics and the other attempts to save but mask is knocked off etc. He then panics and goes for help. Tina then died.
However, in the case as described in this post, the "rescuer" was more capable and saved the other diver. I think that Klopo did extremely well in saving the other person. Well done!
That case was similar in some ways to what the OP has described. Two very inexperienced divers, one panics and the other attempts to save but mask is knocked off etc. He then panics and goes for help. Tina then died.
However, in the case as described in this post, the "rescuer" was more capable and saved the other diver. I think that Klopo did extremely well in saving the other person. Well done!
There are different opinions on what the duties of a guide are. In many locations the guide is just that. A guide.
They may not even be a dm or instructor. I always told my students to absolutely never trust a guide to keep them safe, watch out for them, or come to their aid.
Even if it's a dm or instructor leading. Unless they hired them to specifically do that for them.
A group guide should always be considered a resource for local information only. Someone who knows where something is and MAYBE how to get back to the boat or shore.
It's still on the individual to know where they are and how to get back if something happens to the guide.
Too many people don't want to take responsibility for themselves and then blame someone else when the stuff hits the fan.
Don't ever assume a guide will respond to an emergency. It's not their job in many cases.
And don't accept being buddied up with someone you don't know.
They may not even be a dm or instructor. I always told my students to absolutely never trust a guide to keep them safe, watch out for them, or come to their aid.
Even if it's a dm or instructor leading. Unless they hired them to specifically do that for them.
A group guide should always be considered a resource for local information only. Someone who knows where something is and MAYBE how to get back to the boat or shore.
It's still on the individual to know where they are and how to get back if something happens to the guide.
Too many people don't want to take responsibility for themselves and then blame someone else when the stuff hits the fan.
Don't ever assume a guide will respond to an emergency. It's not their job in many cases.
And don't accept being buddied up with someone you don't know.
My wife doesnt dive, so when i am on Vacation and go for a day or two diving i cant go with anyone i know. Or do i miss something there ?
I think what Jim means is that you can discuss the buddy arrangements, if you don’t want to be buddies with a person or have concerns voice it.
If you have a person you like at the centre you can ask to be buddied with that person for example.
In Jim’s case, if you come with a friend, and you both like to dive together, and they break you up to pair you with people you don’t know, you can just refuse and say you won’t be happy if they do that.
I wouldn’t want to put that to the test, in the U.K. that could be very expensive.
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