CHELTENHAM, UK — Massive fines could be handed out to two companies after they admitted failings in the run up to a diver's death at a lock near Tewkesbury. David Moore, 29, died at Upper Lode Lock when he was crushed by a torrent of water following the collapse of a temporary dam. David had been carrying out maintenance work at the site on behalf of Sea Technical Services (STS), which had been hired by British Waterways. At Cheltenham Magistrates' Court yesterday, British Waterways, STS and its director Christopher Drake pleaded guilty to charges brought by the Health and Safety Executive. Prosecuting for the HSE, Stephen Covell said the dam "failed catastrophically", leading to the death of David on October 15, 2004. He said: "Mr Moore was attempting to seal leaks in the dam when gaps suddenly opened up and there was an eruption of water. He was crushed under the enormous pressure." The court heard David quickly became trapped under 11ft of water and was taken to hospital, but died. Mr Covell said the dam was "patently not suitable" and British Waterways had overseen a "catalogue of failures" at the site. The prosecutor said Drake's decision to allow David to dive was "instrumental" in his death and STS had failed to properly assess the risks. He said other divers had also been put at risk by the two companies as they had worked in an unsafe environment. British Waterways admitted three charges under the Health and Safety at Work Act. Hampshire-based STS and Drake, also from Hampshire, admitted one offence each under the Diving at Work Regulations. The bench said its powers to fine – up to £30,000 for British Waterways and £5,000 each for STS and Drake – were not sufficient and committed the cases to Gloucester Crown Court for sentence. | Last year, Gloucestershire coroner Alan Crickmore recorded a narrative verdict at an inquest into David's death. The coroner said no blame should be implied on any of the parties involved, a verdict which disappointed David's family. Upper Lode Lock was closed for six months following the death while the HSE carried out an investigation. The closure meant boaters from Gloucester were unable to join the Birmingham and Worcester Canal in the Midlands. Sentences will be passed at Gloucester Crown Court on a date to be set. | 
