The Public Prosecution Service (OM) believes that a diving instructor acted recklessly during a training dive at the Vinkeveense Plassen in 2016 and is demanding community service and 8 months of conditional imprisonment. The suspect allegedly did not adequately assess the diving conditions and did not adhere to PADI behavior codes, according to the prosecutor. This ultimately led to the death of the victim.
On November 19, 2016, a dive took place at the Vinkeveense Plassen with a fatal outcome. The victim, a woman from Blaricum, and the suspect were conducting a training dive. The victim became unwell during the dive. She was resuscitated on site and then urgently taken to the AMC. Here, she passed away on November 21.
Insufficient Knowledge and Measures
The case was initially seen as an accident. Later investigations revealed that the case was different. According to the OM, the dive was not well prepared. The suspect did not adequately assess the diving and weather conditions and did not take safety measures. No responsibility was taken for the safety of the victim, who was also the suspects partner.
For instance, the victim was wearing a wetsuit during the dive. This is very irresponsible in November as it can quickly lead to hypothermia. Additionally, the dive was too deep. The suspect repeatedly stated to ambulance personnel, bystanders, and treating doctors that he and the victim had dived to a depth of 12 meters. According to the dive computers they both carried, this was absolutely incorrect. They had dived to a depth of 28 meters, while the victim was only qualified to dive to a maximum depth of 12 meters. Furthermore, mistakes were made during ascent. The suspect and the victim ascended three times faster than the recommended speed. As a result of this rapid ascent, decompression sickness and arterial gas embolism occurred, where air enters the bloodstream.
Reckless Behavior
As an instructor with a PADI instructor certification, the suspect did not follow the behavioral rules in a particularly serious manner. The OM describes the suspects behavior as extremely reckless. His actions go far beyond ordinary negligence. The victim was not in safe hands during the training dive. In the view of the OM, the suspects reckless behavior led to her death. Furthermore, the suspect was not honest about the actual depth of the dive to treating doctors.
Sentence Demands
The suspect has no prior criminal record. The case dates back to 2016 and is therefore an outdated case. The delay is partly due to obtaining data from PADI through a mutual legal assistance request. The prosecutor has taken these circumstances into account in the sentence demand and is calling for 8 months of conditional imprisonment with a probation period of 2 years. Additionally, the suspect must perform 160 hours of community service and may not act as a diving instructor for 5 years.
The court will issue a ruling in two weeks.