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The Saranda Court returns for investigation the criminal file against Saimir Kushova, who is accused of violating safety rules at work, which resulted in the death of British tourist Rebecca Gannon, during a dive in Saranda in 2022.
The court assesses that in the present case, the investigations are not complete and therefore should continue in the direction to be determined by the court. Regarding the direction of the investigations and the areas not explored so far by the prosecution, the court assesses that, in order for the investigation to be complete, the following additional investigative actions should be carried out:
An expert report should be carried out by a specialist with special knowledge in the field of diving at the Albanian Diving Federation, to answer these questions:
1.1 What is the diving protocol, referring to the late Rebecca Gannon's level of certification in this sport? (According to the "Diver Registration Form", it turns out that the selected diving agency is PAD and the certification level is OWD).
1.2 According to the acts in the court file, were the diving organizers licensed and within the technical conditions?
1.3 Did the organizers follow the diving protocol? If so, how? If not, what are the violations identified?
1.4 Who was the person responsible for monitoring the safety of the divers during this process?
1.5 Is there a protocol that the person responsible for the safety of divers must follow to be ready in any case? If so, what is this protocol? If not, describe in detail where the person responsible for safety should stay and what measures he should take until the end of the diving process.
1.6 How long does it take for a person to put on a diving suit in an emergency or distress call (if the suit has not been put on before)? The answer to this question should be achieved through a real-time simulation by specialists, under conditions similar to those of a distress call, measuring and recording the time with video footage.
The Court notes that the provision of these answers by the prosecution determines the further direction of the investigations in this matter. In this context, the direction of the subsequent investigations will be channeled – but not limited – to the provision of answers to the above-mentioned questions by the court, with the aim of reaching a conclusion as to whether or not the defendant committed the criminal offense with which he is accused.
For an effective investigation, within the framework of a regular and fair legal process, within a reasonable time frame, the above-mentioned investigative actions must be completed within one month.
The file is in the hands of prosecutor Valbona Maja. In 2022, the Saranda Court decided to investigate the owner of "Spiranca Diving Center" at large through a property guarantee of 1.5 million new lek. He had illegally employed diving instructor Greta Brozi in his work group and had not provided the necessary technical conditions for diving.
The underwater tourist expedition, organized by Spiranca Diving Center to the World War II shipwreck in the Bay of Saranda, was underway. Vacationer Rebecca Gannon, 29, was with her boyfriend when she ran into difficulty while traveling underwater with a group of seven other divers.
The group she was with had urged her to press the emergency button, which opens the life jacket and releases the oxygen tank. But the 29-year-old was unable to press it. Kushova jumped into the water to save her, but his efforts were unsuccessful.
The court ruled:
1. Order of the Prosecutor's Office at the Court of First Instance of General Jurisdiction of Saranda to complete the investigations according to the direction set out in the reasoning part of this decision.
2. Setting a deadline for the completion of procedural actions of one month, setting the date for the next session, date 7.5.2025, time 140°.
3. This decision is notified to the Head of the Prosecutor's Office at the Court of First Instance of General Jurisdiction of Saranda according to the requirements of Article 332/ç, paragraph 2 of the Code of Criminal Procedure.
4. No appeal is provided against this decision.?
It was announced in Saranda on 2.4.2025.
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