Not Guilty Verdict Secured by James Heyworth & Mortons Solicitors in Diving Instructor Gross Negligence Manslaughter Case

James Heyworth, instructed by Lisa Morton of Mortons Solicitors, was instructed to represent ‘NC’ a diving instructor charged with the death of his student during a Deep Diver speciality course at the Stoney Cove inland site in the summer of 2016.

‘NC’ was alleged to have been grossly negligent as an instructor and was therefore responsible for his students death as a result of drowning & cardiac arrest.

The defence team argued that the Crown’s case was misleading and was not supported by the witnesses it called. Medical experts, for both the prosecution and defence, conceded that the attempts to save the deceased had made it more difficult to determine what had led to his death. IPO expert Dr Peter Wilmshurst and HSE diving inspector Mark Renouf were both of the view that the case had all the hallmarks of an instance of IPO (immersion pulmonary oedema, or internal drowning). 

After a jury at Leicester Crown Court had failed to reach a majority verdict on 30th March, the CPS told High Court Judge Mr Justice Pepperall of its decision, and that it would be producing no new evidence and they would not be seeking a re-trial. Agreeing that this was the correct decision, the judge recorded a not guilty verdict.

For more information please see the link below:

https://divernet.com/scuba-diving/diving-instructor-cleared-in-safety-stop-death-case/