Gold Coast scuba death case falters

SBS -

Lawyers for a Gold Coast dive instructor charged with the manslaughter of a young Chinese university student will apply to have the case thrown out when it returns to court on Wednesday.

Yuri Bonning, 43, of suburban Ashmore, is charged with the manslaughter of Xia Dai, 20, a Chinese student at Charles Sturt University in Wagga Wagga, NSW.

Ms Dai's body was found on the ocean floor after she disappeared during a dive off Wave Break Island in the Southport Broadwater in April 2009.

Foreshadowing difficulties with the crown case on Tuesday, Magistrate Michael Hogan advised police prosecutor Reece Foort to consider the duties Ms Bonning was accused of breaching.

In particular Mr Hogan focused on the prosecution assertion that Ms Bonning failed to provide adequate advice on emergency ascent procedures.

He asked, if that was the case, why no charges had been laid against another instructor who had actually delivered the safety briefing.

Meanwhile Mr Foort told the hearing, which had been set down for four days, it had been impossible to organise video evidence from three Chinese and three Korean witnesses.

"Queensland police have to liaise with Australian Federal Police, who have to liaise with Interpol, who have to liaise with local authorities in China and Korea," he told the court, saying the prosecution had been "left at the altar".

Mr Foort said two witnesses from America and two, possibly three, witnesses from England would be available to give evidence by telephone.

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