Manslaughter trial collapses

9:13am Wednesday 13th April 2005

A DIVING instructor charged over the death of a novice diver over four years ago has been cleared of manslaughter by gross negligence.

The prosecution against 46-year-old Simon Weaver, of Rock View, Kendal, offered no evidence.

His original trial in October was halted because of difficulties over expert evidence.

At Preston Crown Court he pleaded guilty to a breach of Health and Safety regulations in that he failed to take reasonable care for the health and safety of others.

The charge was that while employed as a diving instructor by Blackpool and Fylde Col-lege’s Fleetwood Diving Centre, he failed to take reasonable care for the health and safety of Peter Vause and other students, Mr Vause, 29, from Layton, Blackpool died after taking part in an outdoor dive at Capern-wray Diving and Leisure Centre in February 2001.

A jury was sworn in for a re-trial but discharged following detailed legal discussions.

Michael Harrison QC, for the prosecution, told the jury when they were brought back into court that there was an element of unreliability of the evidence.

Therefore, there was no evidence to contradict the defendant’s account of what happened at the time.

Judge Peter Openshaw QC agreed with the prosecution’s position, telling the jury: "These things cannot always be foreseen. I am entirely satisfied it was entirely unforeseen."

Weaver will be sentenced at a later date.

Blackpool and Fylde College and its nautical campus head John Matthews, aged 57, of Singleton Road, Weeton, pleaded guilty some time ago to a breach of health and safety.

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