Qld instructor cleared in diver's death

News.SMH -

A diving instructor charged with manslaughter over the death of a Chinese student has no case to answer, a Gold Coast magistrate has found.

Magistrate Michael Hogan on Friday threw out the case against Yuri Bonning, 43.

Ms Bonning was charged over the death of Xia Dai, 20, whose body was found on the sea floor after she disappeared during a dive off Wave Break Island in the Southport Broadwater in April 2009.

Mr Hogan found police had not established a prima facie case against the instructor, and the evidence did not support allegations of criminal negligence.

During the hearing in the Southport Magistrates Court, defence barrister Bernard Reilly said Ms Dai disappeared from a group of four divers when Ms Bonning momentarily turned her attention to a diver who was apparently using too much oxygen.

"When she turned back, Ms Dai was gone," Mr Reilly told the hearing earlier this week.

He maintained her actions were "not within cooee" of the scope of criminal negligence.

Prosecutors had argued it was not a momentary lapse but an inappropriate method of supervision that led to Ms Dai's death given the conditions on the day she drowned.

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