A Japanese tourist, Mr. Kujira, came to Kenting with his wife and children for diving five years ago but got separated during a dive due to a ruptured eardrum causing loss of balance. He was rescued an hour later without a pulse or breathing and was declared dead after being taken to the hospital.
The diving instructors, Mr. Lin and Mrs. Wang, responsible for leading the group, were each sentenced by the Pingtung District Court to 1 year and 10 months in prison, respectively, for negligent homicide.
They appealed, and considering their voluntary surrender, the Kaohsiung High Branch Court reduced their sentences to 8 and 6 months in prison, respectively. They have the right to appeal further.
Mr. Lin and Mrs. Wang, a married couple, run a diving hostel in Kenting. On August 15, 2019, Mr. Kujira, a Japanese tourist, visited Kenting with his wife and children and joined Mr. Lin’s scuba diving group.
However, during the dive that day, Mr. Kujira unexpectedly got separated and was found an hour later, 30 meters offshore, without a pulse or breathing. He was declared dead after being taken to the hospital.
In the first trial, the Pingtung District Court found that despite the poor weather conditions with gusts of wind at level 9 and wave heights of 2 to 3 meters, resulting in a visibility of only 2 to 3 meters in the water, Mr. Lin and Mrs. Wang still led a group of seven people, including Mr. Kujira, to dive in Houbihu. In the 4 years old footage of rescue operation from EBC, we can really see a quite big waves in the sea – weather is not good at all for recreational diving.
Mr. Kujira experienced discomfort in his eardrum at a depth of 6 meters and attempted to equalize the pressure in his ears. However, Mr. Lin took him further down to 10 meters without noticing Mr. Kujira’s condition. Mr. Kujira’s eardrum ruptured, causing him to lose balance in the water and drown as immediate rescue was not available.
The judge ruled that Mr. Lin and Mrs. Wang were aware of Mr. Kujira’s balance adaptation issues in underwater pressure environments. Still, they insisted on diving under extremely poor visibility conditions and were sentenced for negligent homicide to 1 year and 10 months in prison, respectively.
They appealed, but during the review by the Kaohsiung High Branch Court, it was noted that visibility was poor on the day of the incident and Mr. Kujira had issues with ear pressure balance.
According to the ‘PADI Instructor Manual‘, they should have cautiously assessed whether they could effectively manage the group, especially since the members were beginners and children, and prioritized safety.
The court found that Mr. Lin and Mrs. Wang were responsible for taking care of Mr. Kujira’s wife and children, but they left Mr. Kujira behind during the dive, leading to his separation and eventual drowning. Both were found to be at fault.
However, considering that both stayed at the scene after Mr. Kujira went missing, did not flee from their instructor responsibilities, and faced the fact of a group member drowning, they met the criteria for a reduced sentence for voluntary surrender. Their sentences were reduced to 8 and 6 months in prison, respectively. They have the right to further appeal.
This is not the only driving accidend in Houbihu. In October 2017, a 21-year-old man and two friends went to Houbihu for snorkeling, but unexpectedly drowned. Despite being urgently taken to the hospital, he could not be revived.
In September 2016, another diver came to Houbihu but tragically drowned after getting trapped in the rocks. Since the waters of Houbihu are coral reef terrain, the undercurrents and ruggedness differ significantly from ordinary seasides. Plus, if the sea conditions are poor, one should not rashly go into the water, fearing the merciless sea might claim lives.