(6/13/05) Trainee Diver Died 'After Instructor Broke Safety Rules'

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scuba_katt

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Location
Sydney, Australia
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By Martin Halfpenny, PA


A Royal Navy Petty Officer killed a trainee diver because he allowed him to dive on a full stomach and he choked on his vomit while under water, a court heard today.

Lieutenant Paul McAulay, 27, got into difficulties just 20 minutes after eating his evening meal while on a Navy diving course at Horsea Lake, Portsmouth, in November 2002, Winchester Crown Court was told.

Jonathan Fuller QC, prosecuting, said supervising instructor Anthony Watt, 41, was allegedly responsible for the death because he failed to adhere to safety guidelines that said no-one should dive for two hours after a heavy meal.

Mr Fuller told the jury that Watt also did not have a person in diving kit ready to help married Lt McAulay when it became apparent he was in trouble as the dive took place in the dark.

The delay of seven minutes while a diver was summoned from the shore made matters worse, the court heard.

Watt, of Roundway, Waterlooville, Hampshire, denies one count of manslaughter due to gross negligence and a health and safety charge of failing to take reasonable care of Lt McAulay.

Mr Fuller said Lt McAulay, from Clackmananshire, who was the Navy’s bobsleigh champion, was on day nine of a 20-day course when he ate a “heavy meal” on November 28. Shortly after the course he was summoned back to a classroom.

“Within perhaps as little as 10-15 minutes of his returning to the classroom, he was outside in the training lake, dressed in a dry suit, face mask and snorkel, trying to retrieve a marker located at the bottom of the lake at a depth of six metres,” Mr Fuller said.

The court heard that the young officer made two attempts from an inflatable boat to reach the marker by holding his breath before finally going under the water for the fatal third attempt just 20 minutes after finishing the meal.

“The consequence of his exertions was that he vomited. He inhaled the vomit into his windpipe and his upper airway and he struggled for breath,” Mr Fuller said.

The jury heard that Lt McAulay was unconscious in seconds, suffered a heart attack and descended to the bottom of the lake.

“All hope for a person in Lt McAulay’s position is not lost providing a casualty can be retrieved within a few minutes,” Mr Fuller said.

“Up above him in the inflatable were two men, neither whom were dressed for diving, let alone diving in the dark,” he said.

The jury was told that one of the men called to Watt, who was 30 metres away on a jetty, for help. He ran to a room 100 metres away to get a diver, who finally arrived seven minutes later and found Lt McAulay at the bottom of lake. Efforts to revive him failed.

Mr Fuller said that Watt was an experienced diving instructor who knew the safety regulations but he had not used them.

“This defendant, through this grossly negligent conduct, caused the death of Lt McAulay,” he said.

“He did not set out to do it intentionally but his failure to respect fundamental rules of safety put the diver at risk of death.

“There was no-one at hand to bring him up to the surface in time and failure to respect the rules about eating fell so below the standards of care as to be criminal.

Mr Fuller added: “We say his conduct can be rightfully judged as a gross dereliction of duty.”

The jury was told that Watt had been at the diving school on and off since 1997, was experienced and lectured the students on safety issues.

But the breath-hold diving technique that Lt McAulay was using when he died was not on the course syllabus.

When interviewed by police, Watt said the death was a tragic accident.

The trial is expected to last four weeks
 
While freediving..... My prayers to the family.

It is always a shame. Even more so in just 20 feet of water.

1. What is the system like there? Is this a criminal trial or equivalent to the US military court martial?

2. Will they take into consideration the military rules in a criminal trial?

Just trying to understand how deep the hole is. Once again my condolences.
 
Really Sad

A couple of questions come to mind. 18 feet is really not that deep for a free dive. I don’t know what kind of training course this was but 18 feet for an otherwise fit man, is no big deal. That is the kind of exertion required sounds moderate assuming cold was not a factor and he was properly weighted, he was equipped with a dry suit. For me a key phrase was that he suffered a heart attack, apparently on the surface. Could the heart attach rather than the vomiting be the cause of death. At any rate the lack of support personnel reminds us that in water activities can go south really quickly and the presence of team members may be the only thing between a difficult dive and tragedy.
 
Free diving in a dry suit is an interesting concept. Normally if you are freediving in a wet suit and are properly weighted, you will float about eye level on the surface and be neutral at 15 feet or so.

With a dry suit, you should be able to set up more or less the same conditions but would have to vent carefully at the surface to achieve this condition. If you are too positive, getting down will be a struggle, even to 18 ft. On the other hand ifyou are too negative, getting off the bottom is a lot of work after the suit squeezes and you then have no ability to rest on the surface.
 
Very sad to hear,

In the military it may be difficult to say no but the rest of us might take a lesson in knowing and not exceeding your personal limits. Sounds like tough work to me, 20 ffw in a drysuit to retrieve something in the dark? Not something I'd try for kicks.

My sympathies to the family of the deceased.
 
partridge:
2. Will they take into consideration the military rules in a criminal trial?

Just trying to understand how deep the hole is. Once again my condolences.

The UK navy like any other armed forces have court martial and discipline procedures. Whether they'd apply here is another matter. Its possible that he could have been covered by the Health and Safety at Work regulations which governs professionals including paid diving instructors etc so its possible he could be investigated as a civilian. Of course, they dont have to believe the "he was at fault" claim either. Im slightly dubious but that could just be the poorly written article confusing me.
 
One of my personal rules, I think it's personal rule number 40.

"The military can make anything dangerous!!!"

During the the article they referred to the Petty Officer as "Anthony Watt" not Petty Officer Watt. Which leads me to the conclusion that he might be already kicked out of the military (by the court martial or whatever).

And the free dive to the bottom happens on a few military courses. It's just a way to beast the troops. The phrase, "Get to the bottom and bring me some mud!" rings a bell. But we had a staff safety diver then.

Just remember, the military can make anything dangerous!
 
partridge:
While freediving..... My prayers to the family.

It is always a shame. Even more so in just 20 feet of water.

1. What is the system like there? Is this a criminal trial or equivalent to the US military court martial?

2. Will they take into consideration the military rules in a criminal trial?

Just trying to understand how deep the hole is. Once again my condolences.

i think this will fall under both, there will be a civil action but he would probably face court martial as well.
 
This is deeply distressing. I am in the British Army Bobsleigh team and have raced with Paul several times in competition. I enrolled on this site this morning as I am a PADI instructor and was hoping to get some info on diving in Mexico. Imagine my shock horror as by sheer accident I came across this article. I still can't believe this is true. Poor bloke, he was an athlete very fit and a good lad. My heart goes out to Macca's family. God Bless you mate, you'll be missed.

FYI The incident is likely to be dealt with by General Military Courts Martial, which can serve custodial sentences and is governed by a civilian Judge Advocate with a panel of Military officers.
 
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