Court rules against diver who lost foot due to neg­li­gence

Malta Independent - - NEWS -

A diver who lost his left foot af­ter he was hit by a speed­boat was blamed by a court with causing the accident. The court ruled that the man should not be en­ti­tled to dam­ages since he had been div­ing in open wa­ter with­out a marker buoy.

The in­ci­dent oc­curred in May 2009 off the coast of San Blas in Gozo, when 59-year-old Louis Bon­avia had taken his friend Ian Busut­til out on his dinghy to go fish­ing.

Whilst snorkelling just be­low the sur­face, Bon­avia’s foot was sev­ered by the pro­pel­ler of a pass­ing speed­boat driven by John Bonello.

The court ex­perts found that the boat had been trav­el­ling at a low speed out­side the swim­ming zone. In fact, it was es­tab­lished that the boat had been some 130 me­tres away from the shore con­trary to the 30 me­tres claimed by Bon­avia.

The boat owner also in­formed the court that the divers were made hardly vis­i­ble due to their dark coloured wet­suits. The court was also told that the in­ci­dent oc­curred 30 me­tres away from the divers’ dinghy.

The dinghy also had three un­used marker buoys on board. When asked by the court, Bon­avia had been un­able to ex­plain why th­ese buoys had not been used.

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