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October 2001

SCUBA-SE@RAVEN.UTC.EDU

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Subject:
From:
Reef Fish <[log in to unmask]>
Reply To:
SouthEast US Scuba Diving Travel list <[log in to unmask]>
Date:
Mon, 15 Oct 2001 18:14:13 -0400
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Don Ward wrote,

>> >At 01:34 AM 10/15/01 -0400, Reef Fish wrote:
>> >>That's most unfortunate, from the point of view of FACT FINDING.  If
>> >>they did nothing wrong, why were they gagged from speaking out?

>> >2)  To allow an orderly investigation and prevent a media circus (and
>> >attempt to head off employees from giving sensational stories to
tabloids
>> >for money).
>>
>>Speculations.

>Sure.  But that knife cuts both ways.  And I have conducted legal
>investigations into deaths, so I have some experience to draw on, just as
>you do with procedures aboard live aboard boats.


But your experience does NOT apply to the Peter Hughes Fleet!

Have you read the WAIVER and RELEASE of the Peter Hughes Fleet
regarding deaths, even if it's caused by negligence on the part of
members of the Fleet (REQUIRED to be signed by all passengers before
the can dive with the Fleet)?

Can you cite a SINGLE case in which the terms of the WAIVER and
RELEASE did not hold up, when challenged by a lawyer against
Peter Hughes' lawyers who drew up those clauses in the WAIVER?


>Certainly, everyone is free to discuss this matter on public forums and I
>have never suggested otherwise.  I just think this discussion should be
>limited to the facts in fairness to the captain, crew, passengers, and
>owners of the boat involved.

I wouldn't think of doing anything otherwise.

The captain, crew, and the Peter Hughes Inc personnel are already IMMUNE
from prosecution, given the voluntarily signed comprehensive WAIVER and
RELEASE agreement by the passenger, so why shouldn't they talk?


> Finally, I am very amused by the suggestion that discussions in Internet
> forums such as this and rec.scuba* could be called a "public
>investigation"
>in an attempt to color those discussion with some sort of credibility. What
>a hoot!

That's only because you're far from the world of REALITY.

The Mike Cochran Nemesis case serves as a counterexample to ALL your
fantasies.  There are numerous other examples where the TRUTH came out
through internet discussions all based on the CREDIBILITY of the
principles, bolstered by FACTS.

The Internet forums are at their best when INFORMATION is freely
exchanged among participants -- without any lawyers or lawsuits.
Plenty of scuba operators MAKE OR BREAK through the "public
investigation" in this manner where everyone is free to speak up his
mind -- including the OWNERS of operations.

Haven't you READ about the case of Mike Cochran and his Nemesis computer?
Was any lawsuit necessary?  Was he not justly blamed?

If they are UNFAIRLY blamed, there are plenty of intelligent readers to
support them and help rebuke the false allegations.  If they try to
sweep dirt under the rug, there are plenty of intelligent readers to
expose the dirt.

In the end, the TRUTH usually prevails, without any lawyers playing
their silly games nor any lawsuits that benefit nobody except the
lawyers' pockets.

Lawyers are pretty much USELESS on the whole, in terms of the public
image and competence of a scuba operation.

It's a hoot, for sure, if you didn't realize that!

-- Bob.

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