The Thurgau architect Lena R.* († 29) was an enthusiastic diver. Together with her diving group, she was regularly out and about in Swiss lakes and rivers, including on Easter weekend 2021. On Easter Sunday, the diving group met at Diessenhofen TG – the goal was a dive in the Rhine. The dive leader in charge assured that no course ship would operate. But that was not true: when Lena R. was in the water, the MS Thurgau of the Untersee und Rhein AG (URh) shipping company also drove along the river. R. collided with the scheduled ship and died.
Dead people pulled from the Rhine: Diver collided with course ship(00:35)
After the accident, the Thurgau public prosecutor’s office launched an investigation, and the diving leader is on trial in Frauenfeld TG on Monday. As the “Landbote” reports, the public prosecutor is demanding a conviction for negligent homicide – they are demanding a conditional prison sentence of 14 months and a fine of 5,000 francs. The presumption of innocence applies to the accused.
Misunderstanding in mail traffic
According to the indictment, there should have been a misunderstanding between the accused and the shipping company. Because the dive manager had asked the URh about two weeks earlier whether scheduled boats would operate on Easter Sunday despite Corona. He received the answer from an employee of the shipping company that the first ship would leave at 9.10 a.m.
A week later he contacted the URh again. He announced the dive for Easter Sunday between 8 a.m. and 9.30 a.m. and wanted to know if that would fit. «On Easter Monday we go by ship. Schaffhausen from 11.10 a.m. », wrote the URh in response. The dive leader immediately asked again whether the ship would not leave at 9.10 a.m. after all. Because if that’s the case, they could start diving an hour later. «Right, there is only one ship. The 9:10 a.m. doesn’t work,” said the URh.
permission was missing
But the accused dive manager had overlooked a detail: the email did not mention Easter Sunday, but Easter Monday. The public prosecutor’s office therefore accuses him of not having read the mail properly and failed to clarify the obvious misunderstanding – a misunderstanding with deadly consequences.
According to prosecutors, that wasn’t the only mistake the dive leader made. For example, he would never have been allowed to dive in the territory of the canton of Thurgau, as he did not have the necessary special permit. And: He had neglected to affix the prescribed blue and white diving flag at the entry and exit points to draw the skipper’s attention to the divers. (bra)