Issue Date:  -  Thursday, 27 April 2006

$20,000 fine over death of diver

A fishing boat skipper has been fined $20,000 for failing to ensure the safety of a diver working as a deckhand on his boat after the deckhand drowned while attempting to retrieve a lobster pot.

Troy Creyk, the master of a fishing vessel known as “Hunter”, was found guilty and fined last week in the Perth Magistrates Court.

In April 2002, Mr Creyk and the 26-year-old deckhand were working on the Hunter near Essex Rocks at Jurien Bay, trying to free a snagged lobster pot in around 2.7 metres of water.  They were the only two people on the boat.

The deckhand was using scuba equipment to dive near the snagged pot while Mr Creyk remained on the Hunter to manoeuvre it away from a nearby reef.  The boat was not anchored during the dive.

When the diver did not resurface after a second dive and Mr Creyk could not find him, he approached a nearby vessel for help and the diver was found.

Efforts were made to resuscitate the man by Mr Creyk and a crew member from the other boat and later by ambulance officers, but he could not be revived.

WorkSafe WA Commissioner Nina Lyhne said the incident highlighted the hazards of diving activities and the strict safety measures that must be observed.

“Safe diving practices have been developed by the rock lobster industry in WA, and are widely publicised by the WA Fishing Industry Council (WAFIC) in its Diving Guidelines for the Rock Lobster Industry,” Ms Lyhne said.

“These best industry diving practices state that a standby diver should be prepared to immediately enter the water at any time should an emergency arise, and that practice was obviously not observed in this case.

“Mr Creyk was operating the boat while his deckhand was diving.  He should have ensured the boat was secured and performed the duties of a standby diver.

“The fact that Mr Creyk is a qualified open water diver and holds a master class 5 skipper’s qualification means that he should have known better and followed safe diving practice.

“Instead, a young man has lost his life and his family and friends have to face all the tragic consequences that accompany such an event.

“This case should serve as a warning to anyone involved with diving, in any way, that it is indeed a hazardous activity.

“Operators of all commercial fishing vessels should make sure they have copies of the best practice guidelines, available from WAFIC,” Ms Lyhne said.

Media contact:  Caroline De Vaney 9327 8744 or 0408 927563 (media enquiries only).