day’s diving, on 3 September 1963. He said he made two dives wearing
full equipment, about 11:00 am .
Crown Counsel: On your first dive did
you find anything?
Henderson: No.
Crown Counsel: What was the depth you
reached on the first dive?
Henderson: Forty-five feet.
Crown Counsel: That was at sea bottom?
Henderson: Yes.
Crown Counsel: For how long were you
under?
Henderson: Fifty-five minutes.
Crown Counsel: You came up to change
your tank?
Henderson: Yes, I did.
Crown Counsel: Then you went down
again?
Henderson: Yes.
Crown Counsel: What depth did you reach
this time?
Henderson: Forty-five feet.
Crown Counsel: Did you find anything?
Henderson: I found a green-coloured
flipper.
Crown Counsel: I see. Where?
Henderson: On the sea-bed.
His Lordship: How did you find it? How
was it on the sea-bed?
Henderson: It was lying on the sea-bed
at that particular point— or rather rough rocks, or what-have-you. It was lying
beside those rocks.
His lordship: Was it in any way covered
or was it just quite open to view?
Henderson: Quite open to view.
His Lordship: Not covered with sand or
mud?
Henderson: There was a little mud over
it, but not very much.
His Lordship: Not very much. It was
quite plain to the eye was it?
Henderson: Yes.
Crown Counsel: You handed it
subsequently to the police?
Henderson: Yes.
Crown Counsel: Can you describe the
condition of the flipper as you found it that day?
Henderson: The heel-strap was severed.
The rubber was in good condition. There were no barnacles or growth of any type
or other.
Crown Counsel: That means to show that
it had been lying there for a long time?
Henderson: Yes.
Crown Counsel: Did you find any
current?
Henderson replied that there was a current,
and that visibility was about 12 feet at the bottom on the seabed. There was
also an undertow that carried him downwards. He stemmed it with considerable
effort but at one point he was carried away about 150 yards.
Later the witness emphasized that a novice
diver should never dive alone.
Crown Counsel: Is this what the
Americans call the Buddy System?
His Lordship: Let us try and still
carry on in the English language, with due respect to any American.
Crown Counsel: You must always dive
with another person with you?
Henderson: Yes.
Crown Counsel: Would you be able to
tell this Court what would be a scuba-diver’s greatest enemy under water?
Henderson: Panic.
Crown Counsel: What would happen to a
diver who suddenly loses his, one of his, flippers while he is scuba-diving?
Henderson: His equilibrium would be
upset, his mobility would be impaired, and this may well lead to panic in the
case of an inexperienced diver.
Crown Counsel: Have you yourself
experienced losing a flipper while scuba-diving?
Henderson: I have.
Crown Counsel: Can you tell this Court
what happened to you?
Henderson: My flipper came off. They
were slightly too big for me. One came off, and like I said, equilibrium was
upset, mobility was impaired, so I dropped my weight belt and surfaced.
Cross-examined by defence counsel, Henderson
said that while there were no barnacles on the flipper when he found it, there
were certain types of growth.
Mr Coomaraswamy: Like what?
Henderson: I do not know the name.
Mr coomaraswamy: How long would the
thing have to be under water before barnacles grow?
Henderson: I would say round about two
to three weeks.
Mr Coomaraswamy: Is it not correct that
when you found the flipper it was in fact wedged in rocks?
Henderson: It was not wedged or
surrounded by rocks.
Mr Coomaraswamy: What was the nature of
the rocks at the place where you found this flipper? Were they high or
undulating in between?
Henderson: High, very different forms.
Having agreed roughly on the map the
place where the flipper was found, defence counsel asked, “Would a thing like a
flipper sink to the bottom?”
Henderson: This type would.
Mr Coomaraswamy: You spoke of undertow.
Henderson: I did.
Mr
full equipment, about 11:00 am .
Crown Counsel: On your first dive did
you find anything?
Henderson: No.
Crown Counsel: What was the depth you
reached on the first dive?
Henderson: Forty-five feet.
Crown Counsel: That was at sea bottom?
Henderson: Yes.
Crown Counsel: For how long were you
under?
Henderson: Fifty-five minutes.
Crown Counsel: You came up to change
your tank?
Henderson: Yes, I did.
Crown Counsel: Then you went down
again?
Henderson: Yes.
Crown Counsel: What depth did you reach
this time?
Henderson: Forty-five feet.
Crown Counsel: Did you find anything?
Henderson: I found a green-coloured
flipper.
Crown Counsel: I see. Where?
Henderson: On the sea-bed.
His Lordship: How did you find it? How
was it on the sea-bed?
Henderson: It was lying on the sea-bed
at that particular point— or rather rough rocks, or what-have-you. It was lying
beside those rocks.
His lordship: Was it in any way covered
or was it just quite open to view?
Henderson: Quite open to view.
His Lordship: Not covered with sand or
mud?
Henderson: There was a little mud over
it, but not very much.
His Lordship: Not very much. It was
quite plain to the eye was it?
Henderson: Yes.
Crown Counsel: You handed it
subsequently to the police?
Henderson: Yes.
Crown Counsel: Can you describe the
condition of the flipper as you found it that day?
Henderson: The heel-strap was severed.
The rubber was in good condition. There were no barnacles or growth of any type
or other.
Crown Counsel: That means to show that
it had been lying there for a long time?
Henderson: Yes.
Crown Counsel: Did you find any
current?
Henderson replied that there was a current,
and that visibility was about 12 feet at the bottom on the seabed. There was
also an undertow that carried him downwards. He stemmed it with considerable
effort but at one point he was carried away about 150 yards.
Later the witness emphasized that a novice
diver should never dive alone.
Crown Counsel: Is this what the
Americans call the Buddy System?
His Lordship: Let us try and still
carry on in the English language, with due respect to any American.
Crown Counsel: You must always dive
with another person with you?
Henderson: Yes.
Crown Counsel: Would you be able to
tell this Court what would be a scuba-diver’s greatest enemy under water?
Henderson: Panic.
Crown Counsel: What would happen to a
diver who suddenly loses his, one of his, flippers while he is scuba-diving?
Henderson: His equilibrium would be
upset, his mobility would be impaired, and this may well lead to panic in the
case of an inexperienced diver.
Crown Counsel: Have you yourself
experienced losing a flipper while scuba-diving?
Henderson: I have.
Crown Counsel: Can you tell this Court
what happened to you?
Henderson: My flipper came off. They
were slightly too big for me. One came off, and like I said, equilibrium was
upset, mobility was impaired, so I dropped my weight belt and surfaced.
Cross-examined by defence counsel, Henderson
said that while there were no barnacles on the flipper when he found it, there
were certain types of growth.
Mr Coomaraswamy: Like what?
Henderson: I do not know the name.
Mr coomaraswamy: How long would the
thing have to be under water before barnacles grow?
Henderson: I would say round about two
to three weeks.
Mr Coomaraswamy: Is it not correct that
when you found the flipper it was in fact wedged in rocks?
Henderson: It was not wedged or
surrounded by rocks.
Mr Coomaraswamy: What was the nature of
the rocks at the place where you found this flipper? Were they high or
undulating in between?
Henderson: High, very different forms.
Having agreed roughly on the map the
place where the flipper was found, defence counsel asked, “Would a thing like a
flipper sink to the bottom?”
Henderson: This type would.
Mr Coomaraswamy: You spoke of undertow.
Henderson: I did.
Mr
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