James Heyworth has recently concluded a month long trial in the Crown Court at Leicester, before Mr Justice Pepperall. The case, prosecuted by James House QC, involved an allegation of manslaughter by gross negligence following a fatal SCUBA diving accident at Stoney Cove in 2016. James was instructed by Lisa Morton, director at Mortons solicitors, to represent the defendant: an experienced diving instructor.
Both James and Lisa are experienced divers. James began diving in 1993 and holds PADI (Professional Association of Diving Instructors) Divemaster and Master SCUBA diver qualifications. He also has professional military diving experience as both a diver and diver supervisor.
Mr Craig’s case involved a number of complex issues and extensive expert witness evidence. Four diving experts were called: from the recreational and technical diving community, as well as from the Royal Navy and Health and Safety Executive. Medical cause of death was also in issue, and there was a great deal of focus on the condition of immersion pulmonary oedema (IPO). This condition, whilst recognised now, was not widely known by divers, or diver training organisations, back in 2016. As a result no training as to the signs and symptoms of the condition was available at the time. The condition can cause a diver to feel breathless and unable to breathe, even when using fully functioning breathing apparatus and with sufficient breathing gas available. The defence called the UK expert on the condition: Dr Peter Wilmshurst. In addition, the appropriateness of undertaking a “safety stop” at 5m (which is mandatory under PADI regulations when divers have been to 30m, and is designed to reduce the risk of developing decompression illness) in the circumstances of the dive, was a key issue.
The jury were unable to reach a verdict in the case and the Crown offered no evidence, with a not guilty verdict being recorded.
James has extensive experience of representing divers, and their families, following fatal diving accidents. In November 2021 and January 2022, he appeared before the Leicester Coroner’s Court representing the bereaved families in respect of two further fatal diving accidents at Stoney Cove. In both cases, the divers had died whilst using closed-circuit rebreathers. James has experience of using rebreathers from his time in the military.
Inquest touching upon the death of Kevin Miles:
Kevin Miles was an experienced SCUBA diver who had decided to train to use a closed-circuit rebreather (CCR). There are significant differences between SCUBA (open-circuit) breathing apparatus and rebreathers (closed-circuit breathing apparatus). The inquest into Mr Miles’ death was heard by a jury and one of the key issues was whether Mr Miles had died underwater as a result of immersion pulmonary oedema (IPO) or due to some other medical event. There was a difference of opinion in that regard between the pathologist and the diving medicine expert, Dr Wilmshurst. The jury concluded that Mr Miles had been declared fit to dive by an accredited medical referee but tragically suffered a medical episode whilst underwater which led to his death. The medical cause of death was recorded as unascertained, rather than immersion pulmonary oedema.
Inquest touching upon the death of Roger Clarke:
Roger Clarke was an experienced SCUBA diver who was undertaking a closed-circuit rebreather training course. His instructor, Lance Palmer, had also serviced Mr Clarke’s rebreather before the incident dive. In accordance with the course requirements and guidance, the dive should have been to a maximum depth of 30m. Mr Palmer, and the safety diver with them, took Mr Clarke to the deepest point of Stoney Cove: an area called “the sump”. This part of the quarry is well known for its poor visibility and is at a depth of around 35m. Whilst in the sump, Mr Clarke’s rebreather issued a number of warnings and required Mr Clarke to “bail out” onto his open circuit breathing apparatus. Following detailed questioning of the eye-witnesses and experts by James, it became clear that there were significant failures in the servicing of the rebreather, inadequate supervision of Mr Clarke, and failures with regard to the planning and execution of the dive. Due to the issues with his rebreather, Mr Clarke did transfer onto his bail-out cylinder. However, he became unconscious and there was a failed attempt by the instructor and safety diver to return him to the surface. For another five minutes all three divers remained at 35m, with Mr Clarke no longer using any breathing apparatus. By the time he was then recovered to the surface he had sadly drowned. In his narrative conclusion, Mr Cartwright, area coroner for Leicester City and South Leicestershire, found that errors and omissions by the instructor and safety diver significantly increased the risks associated with the dive and may have caused, or contributed, to Mr Clarke’s death.