Case Study | Padi Dive Instructor Cleared of Gross Negligence Manslaughter

Unfortunate death but diving instructor not to blame.

A not guilty verdict was recorded against our client, a Padi Dive instructor, after trial for gross negligence manslaughter.

The defence team, Lisa Morton Director of Morton’s Solicitors and Barrister James Heyworth of Lincoln House Chambers (both with diving expertise) fought tirelessly to demostrate that the Instructor acted with absolute integrity, placing the safety of his student at the heart of his decision making.

At the time this incident occurred little was known in the recreational diving community about a condition called IPO. An IPO
(Immersion pulmonary oedema) is a life threatening condition that affects surface swimmers, including snorkellers, and divers and can be caused by a whole host of combined factors.

Calling an IPO Expert

The defence team were able to call the leading expert on the subject, Dr Peter Wilmhurst, to give evidence at trial. Our expert was of the firm view that the case bore all the hallmarks of an IPO and stated that the Instructor would have been mystified by how this presented underwater.

The dive student was indicating that he was out of air, when it was known that he had ample air from fully functioning equipment.

It is apparent that there are lessons to be learned from this case. The case was closely followed by the diving community and recently covered in the Divernet magazine – which can be read by clicking here.

How can we help?

If you have any questions in relation to gross negligence manslaughter cases please feel free to contact us for expert advice on 0161 477 1121 or email us for more details.