MELBOURNE, Australia (2 May 2007) -- A scuba diving company has been fined an unprecedented $200,000 over the death of an inexperienced diver who drowned near Portsea. WorkSafe believes it is the largest fine for an offence of its kind. But Judge Lance Pilgrim today acknowledged that Melbourne Diving Services has gone into liquidation and will simply never pay the $200,000. Robert David Grant, 32, died on January 17, 2004, while he was on a diving trip with the company. Melbourne Diving Services pleaded not guilty to one count of failing to ensure the safety of people other than employees. The company was found guilty by a jury. The County Court heard that Mr Grant, of Clayton, had not dived for 18 months but that staff with Melbourne Diving Services did not properly inquire about his experience. His only diving experience was a a three-day training course in Port Douglas, Queensland. The court heard that diving in the warm water of Queensland requires less skill than in the colder southern waters of Victoria. Judge Pilgrim said today Melbourne Diving Services breach of duty was "absolutely gross". "There has been a total neglect of accepted standards," Judge Pilgrim said. "This fatal accident could have been easily avoided is good practice had been followed by the company." He said employees were given warnings that Mr Grant was inexperienced, but all the indicators were totally ignored. Judge Pilgrim said the company's own procedure manual stated that divers trained outside Victoria were to complete a local orientation dive. That did not happen. He said once the divers arrived at Portsea Hole, there was haste to enter the water. The dive master saw that Mr Grant was in difficulty from the onboard the vessel, but Judge Pilgrim said that apart from calling out instructions to him, she took no further steps to help him. | Judge Lance Pilgrim described the conduct of Melbourne Diving Services, which led to the death of Robert David Grant, "an absolute disgrace". He said the company's principals failed to instruct, teach or inform any staff on procedures contained in the company's shop or dive crew manuals and there was a gross breach of the company's own instructions. "It's an absolute disgrace." Outside court WorkSafe general manager Eric Windholz said the authority was not aware of a larger fine for this type of offence. "We think it is ground-breaking," Mr Windholz said. He said the judge had chronicled a whole series of breaches that should not have happened. He hoped the fine would send a message to the diving industry. Mr Grant's father Warren said he had lost a magnificent and loving son. SOURCE - Herald SunSCUBA FORUMDISCUSS THIS TOPIC - Dive in and have your say at Scuba ForumCDNN Related NewsAUSTRALIA - Jury finds Melbourne Diving School guilty of negligenceAUSTRALIA - Melbourne Diving Services blamed for scuba diver's death | 
