Fishermen cleared on charge of killing scuba diver

PINGTUNG, Taiwan (12 Sep 2008) — A judge has exonerated a fisherman for alleged manslaughter after determining the outboard motor of the man's plastic raft had accidently struck and killed a diver off the coast of Kenting National Park in southern Pingtung County.
The mishap took place in February 2006 when a man surnamed Pan was enjoying a diving session along with two friends.
But when Pan was resurfacing in the water, a plastic fishing raft coincidentally passed through the same area and its outboard motor struck him.
Doctors failed to revive the diver after he was rushed to hospital. He died of multiple injuries to the head, face and chest.
A prosecutor accepted a plea from Pan's family to indict the fisherman surnamed Tsai for involuntary manslaughter.
The prosecutor also decided to file suit against Tsai on grounds that no fishing was allowed in the protected area.
Tsai, a resident of Manchou Township, makes a living by operating a raft that was fastened with plastic planks and equipped with an outboard motor composed of an engine and propeller.
Following an investigation and court hearings, the judge at a district court in Pingtung ruled that Tsai was innocent.
The judge agreed with Tsai's argument that the district was part of an ecologically protected area and fishing was prohibited.


But Tsai was a licensed fisherman who was allowed to go through the area for fishing operations outside that restricted district, the judge said in the verdict.
Tsai defended himself by saying it was impossible for him to have seen the diver underwater, especially on the side of the stern, and prevent the unfortunate accident.