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October 2001

SCUBA-SE@RAVEN.UTC.EDU

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Subject:
From:
Don Ward <[log in to unmask]>
Reply To:
SouthEast US Scuba Diving Travel list <[log in to unmask]>
Date:
Sun, 14 Oct 2001 18:34:17 -0500
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  Reef Fish wrote:
>I was disturbed that the POSSIBILITY of
>going on shore, AND what went on between Angela and the Captain/crew
>and passengers had not been reported by anyone until she spoke up to
>a news reporter about possible "criminal negligence" on the part of
>the Captain and crew.

I have tried to read all the reports on this tragedy.  In fairness to the
captain and crew, I have read nothing to suggest "criminal negligence"
(whatever that is)  or what we in the U.S. would call "willful and wanton"
misconduct. (Criminal misconduct and negligence in the US are generally
mutually exclusive terms.)

It seems to me that the captain and crew are being skewered with the
clarity of hindsight.  I have read nothing to suggest that the Captain had
anyplace to evacuate his guest that would provide safety.  Admittedly, I
have not been to southern Belize but in my trip through Belize city and the
countryside surrounding that city, sturdy shelter was in short
supply.  What would we say of the captain had he moved all ashore to a
building that collapsed in the storm while those moored in Big Creek all
escaped unharmed (as they, in fact, did.)?  And as for moving them inland,
I have seen nothing to suggest the captain had any means to do this, or a
place to take them.

I have also read nothing to suggest that those lost were drinking alcohol
or choose drinking alcohol in the lounge over safe shelter ashore.  It is
possible I missed this report.

What I thought most interesting about Angela's report was the knowledge
that the hurricane was heading south to come ashore.  I was under the
impression that it was something of a surprise when the brunt of the storm
hit the south, as it was expected to hit 80 miles north.

In short, I have read nothing to suggest the Captain had good reason to
believe that his guest and crew would be safer ashore, thus I don't see
that he was negligent, much less "criminally negligent."  Perhaps I have
missed these reports, and perhaps as more information is known, as to what
the Captain knew, and the options available to him, my view will change.

If I were conducting a legal investigation of this matter, I would look at
what the captain knew and when did he know it.  What options were available
to him for the safety of those on board, and if the boat were properly tied
off.

My 2 cents.

/Don

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