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Holothurian Diving Pty Ltd fined $56,250 and Brian David fined $5000.00 (Cairns, Australia)

The matter was a simpliciter offence but  the third conviction for this company. A Canadian tourist with advanced open water recreational diving certification died on his first working dive. The undertaking was beche de mer diving using a vessel equipped in a similar manner to drift diving vessels used in the Western Australian pearling industry. The diver became detached from his airline and was found on the seabed in about 30m of water the next day. The diver’s body was severely mutilated but a cause of death of drowning was established from the post mortem. The prosecution focussed on the diver’s competence to undertake this type of diving work. In his concluding remarks the magistrate stated that the system of work utilised dangerously underqualified, inexperienced, inadequately trained and effectively unsupervised divers for highly specialised deep water occupational diving activity and that this was extremely dangerous.

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