charges have been dropped
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It has just been announced by a group on social media 'We Stand with Stephen Martin', and also on BSAC's Facebook page that the case against Stephen have been dropped. It was long overdue, but common sense finally prevails.
Malta halts bid to extradite British scuba diver over fatal accident
Stephen Martin had been wanted for ‘involuntary homicide’ after his girlfriend and another man died near Gozo in 2014
Two scuba divers in waters near Malta. Malta’s determination to charge Stephen Martin had caused alarm and prompted threats of a boycott of the island. Photograph: Alamy
Owen Bowcott Legal affairs correspondent @owenbowcott
Monday 18 January 201609.19 ESTLast modified on Monday 18 January 201610.12
Malta has abandoned an attempt to extradite a British scuba diver whose girlfriend died in an underwater accident in order to face charges of “involuntary homicide”.
The unexpected decision by lawyers acting for the Maltese authorities came two days before a scheduled high court hearing in London at which Stephen Martin, 55, had been due to appeal against a European arrest warrant.
Last year an inquest by the Brighton and Hove coroner into the deaths of Larissa Hooley, 48, and another subaqua enthusiast, Nigel Haines, 59, off the Maltese island of Gozo in June 2014 were accidental.
Martin, an IT manager from Littlehampton, West Sussex, was the most experienced diver in the group and was therefore deemed by the Maltese prosecutor to be responsible for the welfare of his friends on the dive.
Malta’s determination to charge Martin, who tried to rescue Hooley, caused alarm among British scuba divers and prompted threats of a boycott of the Mediterranean island.
His barrister, extradition expert Ben Cooper, who appeared at an unscheduled hearing on Monday, said he was “delighted with the outcome”.
“It’s been a long ordeal for Mr Martin,” Cooper said. “He’s greatly relieved to be able to put this all behind him and to be able to travel abroad freely. Malta has withdrawn the European arrest warrant and is discontinuing the prosecution.”
Both Hooley and Haines were found to have died fromimmersion pulmonary oedema, a leakage of fluid from the bloodstream into the lungs which prevents oxygen from being absorbed. The condition is not fully understood.
Responding to the decision, Martin said: “I am overwhelmed. This has been an utter nightmare for me, and I am just so relieved it is over. I feel I can finally start grieving for Larissa and Nigel. I just can’t keep back the tears.”
The chief executive of the British Sub-Aqua Club, Mary Tetley, whose organisation had supported Martin’s fight, said the decision was “a victory for common sense”.
“This was a tragic accident and Stephen is among the many who are still grieving their loss,” she said. “It is a victory for common sense that these charges have now been dropped, allowing Stephen to move on with his life, and grieve in peace.
“We have asked the Maltese authorities for further clarification on their guidance for divers, and in the meantime we are advising divers to check the local regulations before they dive in any foreign country.”
Martin’s solicitor, Edward Elwyn Jones of the law firm Hodge Jones and Allen, said: “This brings to an end a long and painful nightmare for Stephen. He should never have been accused in the first place.
“It is rare for an extradition request to be withdrawn. Often when they are it is as a result of lobbying outside the courtroom, and BSAC are to be commended for the work they have done to highlight Stephen’s plight at the highest level.”