This is a tough one. Military divers trained to endure a lot more than what for fun divers experience in training. However, she was impaired. When she corked to the surface, her judgment could not longer be trusted (many including myself wouldn't trust her judgment after wanting to dive after a 20 hour work shift, military diver or not).Or, to put it another way, of the goodness knows how many times "we've" lost a buddy, how many times did they need rescuing? Loosing buddies is a fact of life, or at least the reality.
For someone with enough experience to dive CCR, etc., one would expect that person to be self-sufficient. Certainly self-sufficient enough to ask for or demand help.
However, I absolutely reject the prosecution as the deceased likely died on the ascent. Let's say the accused swam into shore, discovered that the person was not the deceased and then went looking for her.
What are the chances of successful rescue at this point? Now the Maltese criminal system is likely different than that of the US where you need to convict without any doubts. Does any one of us have certainty that she would have been alive if the accused had done everything "correct"?
This incident is a horrible tragedy, made worse by the Maltese authorities ruining this person's life. Remember, we are discussing this perfectly dry. My morning coffee has kicked in and have been thinking about this for several days.