It seems to me that the defense either did not hire an expert witness or it hired a really bad expert witness.
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Well, when they tried to prosecute roughly the same thing in 2015, they used the logic that the guy they were prosecuting was an instructor, and as the most experienced diver in the group, he bore the responsibility for everyone else's safety..A simple logic tool, when dealing with any proposed standard/ethic/law is to apply that standard UNIVERSALLY. If he was obligated to micro-manage, monitor, and rescue his dive-buddy, then that woman would have had the exact SAME obligation.
In the articles I read about this case, the prosecutor made no such assertions. I would still consider that a bad precedent. For example if you're instructing a class, the students may be entrusting you to keep them safe. However, simply being the most skilled or experienced in a group should have no bearing on who gets the short-end-of-the-stick because "when someone dies, someone has to pay."Well, when they tried to prosecute roughly the same thing in 2015, they used the logic that the guy they were prosecuting was an instructor, and as the most experienced diver in the group, he bore the responsibility for everyone else's safety..
This suggests she was a diving instructor herself. Theoretically, she's had the background and skill in order to take care of herself and less experienced divers. Instructors are, in many ways, solo-diving with several buddy-hazards.That morning, Arthur Castillo, 60, met up with Christine Gauci, an AFM soldier and diving instructor, and four others to go on a dive at the bay in the limits of Sannat in Gozo.
Likely not. It's a very common surname.Article states the prosecutor was Inspector Josef Gauci. Victim was Christine Gauci.
Wonder if the prosecution was motivated by more than just law…
The article doesn't allow copy+paste, so I'll paraphrase parts:There's an article written about this incident here:
Diving Accident Analysis: Christine Gauci Fatality | Malta 2020
Comprehensive analysis & dive safety lessons to be learned from the Christine Gauci diving accident in Malta, 2020.scubatechphilippines.com