Diver Indicted in 2003 GBR mishap

[livinoz]

In this case the dive operator has already been fined??? What did they do wrong?

They failed to live up to their procedures as set down in their own manual, and as the Coroner noted those exceeded the Workplace Health and Safety Standards required by law in Queensland. The Act sets out the obligations of any person conducting a business towards their clients and employees. Although they were convicted and fined, most people here are very sympathetic towards the operator.

 

[thanksforallthefish]

Diving like most other sports is one that the more you do it the more you learn and the better you
are able to cope with abnormal situations, unfortunately unlike most other sports a bad decision can cost you or your buddy their life.

I have had dry spells (where i haven't been diving) for 6 to 12 months and know how I feel when I get in the water again, it takes a bit of time to feel at ease in the water, especially if it is a new dive site or you are faced with conditions that are not beyond your capabilities, but are different from those you normally encounter.

From what I have seen over the years it is my opinion that on average it takes a diver from 70 to 100 dives to become competent, after this time their diving ability plateaus and it is unlikely that their diving skills will improve.
I have seen some people that attain their peak after as few as 20 to 30 dives.

I have seen it stated in one news article that Gabe had more than 50 dives, this to me implies that it would be in the low fifties, and Tina was newly certified.

Now fifty dives may seem like quite a few, but remember Gabe has been certified for 12 years, so he may have only done a few dives in the past couple of years before their diving holiday.

At the very least they are at a new dive site, experiencing conditions (current) to which they are unaccustomed. We do not know and will never know if Tina had any other problems.

I think it would be unlikely that Gabe did not meet the required levels for certification, but it is more likely the fact that his diving was probably very sporadic that compounded any problems they had.

 

[Crimson Ghost]

Does anyone have a transcript of Stanley Stutz testifying ? I want to see what he said again. I know Gabe said Tina sank with her arms out stretched (you know, like no one would do if they were panicking). But Stanley Stutz is the person who saw the "bear hug" and I think if there is any real proof to do it - this is the person that is going to put Gabe behind bars. I would like to read the entire statement - anyone have it ?

 

[livinoz]

Full transcripts from the Coroner's court are excluded from the Freedom of Information Act and can only be accessed by those who have sufficient interest in the case, for example the family.

 

[Dadvocate]

Livinoz

They failed to live up to their procedures as set down in their own manual, and as the Coroner noted those exceeded the Workplace Health and Safety Standards required by law in Queensland.

I am sorry if this has already been posted and I have overlooked it, but is there a link(s) to print that highlights this OP being fined?

edited to add:

Is the Mike Ball dive op being fined by the government and downscaling their business operations because of this incident or is it more a reflection of their buisness practices overall, namely overcharging US and Japanese customers, not to mention the bad press for taking a large cut of their employees’ tips?

Cheers!

 

[Scared Silly]

They failed to live up to their procedures as set down in their own manual, and as the Coroner noted those exceeded the Workplace Health and Safety Standards required by law in Queensland. The Act sets out the obligations of any person conducting a business towards their clients and employees. Although they were convicted and fined, most people here are very sympathetic towards the operator.

But what were those procedures ...

 

[livinoz]

Is the Mike Ball dive op being fined by the government and downscaling their business operations because of this incident or is it more a reflection of their buisness practices overall, namely overcharging US and Japanese customers, not to mention the bad press for taking a large cut of their employees’ tips?

But what were those procedures ...

I don't have the answers. As you're either curious about the occurrences or unhappy with their level of service, why don't you direct all your questions to them? The links are right here on this board:

http://www.scubaboard.com/forums/sdi-tdi-erdi/224430-sdi-welcomes-mike-ball-dive-expeditions.html

 

[bowlofpetunias]

Dadvocate regarding the redundant systems. I agree if you are diving caves, penetration, deep technical stuff it is a must but with good well maintained equipment on dives that seldom go below 30m it may be a bit of overkill. Of course an occy is always a given. We are so lucky here in Sydney most of our dives are shore dives. When we are going away equipment is double checked and needs evaluated based on types of dives anticipated.

Boy do I agree with those who say people are too quick to sue! What is to be gained? Money? Is that all life is about?

I remember a terrible accident I attended as a Paramedic. Young people doing silly things in cars The driver of one car 22 and his sister 16 were dead. The driver of the other car 21 and best friends all his life with the ones that died. What I saw that night was hard for me to look at as an experienced Paramedic. The surviving driver had sat with his dead friends waiting for help and I KNOW those awful images and his role will haunt him for life! He was so traumatized I had trouble getting him to move or focus.It was tragic! What purpose did it serve for the parents to sue that young man? Financial ruin on top of the emotional one.... didn't bring the dead back....the dead driver was just as responsible

What does attacking the instructor do? Do you honestly think the instructor (who taught both of them) hasn't second guessed himself, isn't horrified that two people he taught are involved in an incident like this? We are effected by the death of this young lady how much more so will he be?

When I first started teaching first aid I had people come into my class for recertification and I remember thinking.... "What idiot gave these people certificates in the past?" because their skill level was so low. Three years later I realized I was the last "idiot". No matter how good you are, no matter how hard you try to make it otherwise people may meet the reasonable standards and you have to pass them. If they don't use or review the skills they lose them. That is out of the instructor's hands. I can't, nor can my agency control the attitudes, experiences and reactions of those we train.

I feel privledged to be able to get up in the morning and teach a life skill. I have had students come back and tell me they have saved lives because of what I taught them. I wouldn't want some of you in my classes because I would have to quit doing a job I love for fear of losing my home if you stuffed up!

 

[Dadvocate]

Livinoz

why don't you direct all your questions to them?

I have been looking, but thought that an outside source would be more circumspect. The only reason I asked is that it seemed you had a link and/or information that I had yet to find. Sorry if it seemed I was asking you to do my research.

Thanks for the link.

Bowlo

Dadvocate regarding the redundant systems. I agree if you are diving caves, penetration, deep technical stuff it is a must but with good well maintained equipment on dives that seldom go below 30m it may be a bit of overkill. Of course an occy is always a given.

I accept that my leaning toward more redundant systems might be overkill and that others might find this or that redundancy unnecessary. After reading Jeff Beutemeister’s thread on a close call he had in Chandelier Caves in Palau (my fiancé and I had trouble there also) and reading Dandy Don’s ideas on a pony air as a must have redundancy, it is possible I might be taking this issue too far where diver info is concerned. I think it is a combination of three years of diving in the Philippines where safety is a fluid concept that forces divers to be that much more careful and the idea I keep reading in scuba mags about that one piece of equipment “I wish I had had.” Am I a victim of a marketing hype or just a worry wart?

Boy do I agree with those who say people are too quick to sue! What is to be gained? Money? Is that all life is about?

The irony for me is that in all of the speculation we have discussed on this thread about guilt or innocence, the most damaging piece of circumstantial evidence I have read about is Gabe Watson’s desire to get money from some source after his wife’s death, first the insurance, then the dive op, then the travel agency. This sends up more red flags for me than the other ruminations.

Cheers

 

[Tigerman]

The whole "show me the money" attitude of Gabe could be what disturbed the waters and triggered the investigation for all I know.. After all money is motive..