Australian diving company fined $160,000 over death of British tourist who panicked and got separated from her instructor 

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A Queensland diving company has been fined $160,000 over the death of a British tourist in the Whitsundays in 2015.

Bethany Farrell, 23, was in Australia on a gap year from the UK when she went diving at Blue Pearl Bay off Hayman Island on February 17, reported the Brisbane Times.

She was found unresponsive on the sea floor, unable to be revived and died at the scene.

A Queensland diving company has been fined $160,000 over the death of British tourist Bethany Farrell, 23, (pictured)  in the Whitsundays in 2015. Ms Farrell was six days into a year-long gap year

On Friday, DL20 Trading Pty Ltd, which traded as Wings Diving Adventures, pleaded guilty to breaching its duties under the Safety in Recreational Water Activities Act in the Proserpine Magistrates Court. 

Despite being fined, no conviction was recorded against the company.

A spokesperson from the Office of Industrial Relations said Workplace Health and Safety had done a comprehensive investigation into the incident before charging Wings Diving Adventures. 

The spokesperson said Wings had an 'unblemished history', had apologised for the incident and had since ceased all scuba operations.

Ms Farrell (pictured) was diving at Blue Pearl Bay off Hayman Island on February 17, 2015 when it was reported she became separated from the group. She was found unresponsive on the ocean floor, was unable to be revived and died at the scene

On Friday, DL20 Trading Pty Ltd, which traded as Wings Diving Adventures, pleaded guilty to breaching its duties under the Safety in Recreational Water Activities Act, Pictured is Blue Pearl Bay off Hayman Island

He said: 'Members of the family who had travelled to Australia for the hearing, were somewhat disappointed with the 'no conviction' ruling, but content with the fine imposed.'

The OIR spokesperson also said the magistrate took into account DL20's early guilty plea, its cooperation with the investigation and that it had no previous convictions.   

Ms Farrell, an English graduate, was on an introductory dive trip with a friend when she panicked and drowned after becoming separated from her instructor, Chelmsford Coroner's Court heard in October 2016.

Her father, Patrick Farrell, 48, called for the company to be prosecuted after she died six days into what was due to be a 12-month gap year.

An Office of Industrial Relations spokesperson said Wings had an 'unblemished history', had apologised for the incident and had since ceased all scuba operations

After the inquest, he said: 'Ultimately, Bethany went on a paid-for organised trip and was completely let down.

'The whole point of an introductory dive is its an introductory dive.

'Legal proceedings are going ahead.'

Caroline Beasley-Murray, the senior coroner for Essex, recorded a narrative verdict.

She told the court: 'The deceased drowned whilst on an introductory dive in Blue Pearl Bay, Hayman Island.

'There were various failings in the way in which the diving activities were carried out.'

She added: 'Blue Pearl Bay sounds such an attractive place, doesn’t it? And whilst there, this sad tragedy would happen.'

Ms Farrell (not pictured) was found 11 metres down on the seabed in Blue Pearl Bay in the Whitsundays. It was her first time diving and she was only six days into her 12 months gap year in Australia

Queensland's health and safety investigators found 'failings' by the company included not allowing people to practice with their buoyancy devices or testing the competency of the first-time divers, the court heard.

Miss Farrell’s mother Caron wept on hearing the conclusion as did many of the graduate’s friends. Her father and brother Jake, 22, remained stoic.

Miss Farrell, who graduated from an English Literature and Media course at the University of Southampton, arrived in Queensland on February 11 last year.

Six days later - on February 17 - she embarked on the dive with her friend, another novice and their instructor Fiona McTavish, the court heard.

Scathing reviews had been posted to TripAdvisor slamming the Wings Diving Adventures charter boat operators and claiming they deleted photographs of Ms Farrell

Australian police officer Constable Syrrell Howard wrote in a statement read to the court that Miss Farrell separated from her dive group, possibly after they became 'intwined' with a second team.

He said: 'It is suspected the deceased became panicked and, as a result, became detached from her dive group.'

She was seen briefly surfacing before she 'descended ultimately to her death', he said.

The OIR spokeserson told Prosperine Magistrates Court in Queensland last Friday that members of Ms Farrell's family who travelled to Australia for the hearing, were somewhat disappointed with the 'no conviction' ruling, but content with the fine imposed

The Office of Industrial Relations, Queensland’s equivalent of the Health and Safety Executive, said the diving firm risked the health and safety of Miss Farrell and her two co-divers.

Its report said the trio should have had their basic swimming competency tested and been allowed to practice how to maintain a 'positive buoyancy' before they went diving at around 4.30pm that day.

A post-mortem examination recorded Cambridge-born Miss Farrell’s cause of death as drowning.

After the hearing, her mother Caron Farrell, 51, paid tribute to her as a 'real-life angel', adding: 'She was lovely, she was just beautiful.'