Two men who organised a charity dive almost five years ago were yesterday charged with the involuntary homicide of a woman who drowned during the event.
The men, aged 49 and 61, who cannot be named by court order due to the sensitivity of the case and because it might dent the charity work carried out by the organisation over the Christmas period, are pleading not guilty to the charge.
The victim, who was 25 years old at the time, was with her boyfriend at the dive in the area known as Fra Ben in St Pauls Bay on July 12, 2009.
Taking the witness stand, forensic pathologist Mario Scerri said he had been appointed by the court to examine the case and spoke to various witnesses on the day. He said the victim had descended some three metres before she most likely panicked and drowned.
This was an incident where no one is to blame and everyone ends up hurt
Testifying, the woman’s boyfriend said that on the day in question there was a doctor present who was carrying out medical checks to see if those diving were fit enough to do so.
The organisers told those taking part that, if they did not have any previous medical problems, they should proceed and take part. She felt fine and went ahead to take part, he said.
Asked if the victim had known her father suffered from a particular condition attacking the nervous system, he said she was aware and knew she could have it too but was not certain.
Her boyfriend said that, during the dive, visibility was very bad and the woman was initially behind him but when he turned to look, she had disappeared. He found the instructor and his assistant and another two divers nearby but he could not see her.
A doctor and other individuals tried to resuscitate the woman on the quay.
As the case closed, defence lawyer Michael Sciriha told Magistrate Claire Stafrace Zammit that “this was an incident which happened five years ago, where no one is to blame and everyone ends up hurt”.
Lawyer Michael Tanti Dougall is also a representing the accused.