In 2001 Briton David Rigglesford, then 23, was riding a hired jet-ski when he accidentally ran over Christian Curmi, 29, about 1km from an area known as Tunny Net. Curmi had been snorkelling in a wetsuit.
Rigglesford was given a two-year suspended jail term for involuntary homicide. But now, Malta's Court of Criminal Appeal has resentenced Rigglesford to a less severe Lm1000 fine, and a reorder to pay just half of the court's expenses.
The appeal judge found that, while Rigglesford had acted 'imprudently' in riding the jet-ski, Curmi had contributed to the risk of being run over in the middle of a wide bay by not using equipment, namely a surface marker buoy, which would have 'given the accused an earlier and unequivocal warning of the diver's presence'.
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