“Anguish” for widow after harbour tragedy
The widow of a commercial diver who lost his life in Stornoway harbour has said she has been waiting nearly two years for prosecutors to decide if they will take action against the site bosses allegedly linked to her husband’s death.
Luka Budesa, 39, was fatally struck by an underwater platform that dislodged during the £49 million deep port project at Stornoway.
Main contractor Leask Marine was served a safety notice after the Health & Safety Executive confirmed it breached three UK safety regulations that contributed to the 2021 tragedy.
The HSE findings were then shared with the Crown for a possible criminal prosecution.
But heartbroken widow Gisela Gomez Suarez, 38, said the lack of progress is being “exploited” by insurers who refuse to help after Luka’s death – meaning she could now also lose her home.
She said: “When Luka died I lost my husband, my best friend, my chance to be a mum and now I face losing our marital home.
“The HSE confirmed Leask Marine breached three regulations that led to Luka’s death – what more does the Crown need to make a decision?
“It’s just anguish and trauma heaped on top of grief and loss. I don’t know how much more I can take.”
Croatia-born Luka, a qualified diver, died on 31 August 2021 after being hired by project leaders Leask Marine to remove shipwreck debris during the £49m deep port project at Stornoway.
But during a dive Luka was struck on the head and crushed by a dislodged underwater platform.
One year later, the HSE served Leask Marine a safety notice after an incident investigation found evidence that site bosses failed to keep Luka safe.
HSE confirmed Leask Marine breached Sections 2 and 3 of the Health and Safety at Work Act 1974, and Section 3 of the Management of Health and Safety at Work Regulations 1999 – all of which applies to the safety of sub-contractors.
The HSE added: “You failed to plan, manage and monitor the construction work at the Deep Water Port Project in Stornoway carried out by workers under your control. In particular you failed to properly
plan, manage and monitor the dismantling by divers of a suspended structure, namely a wreck. One diver received fatal head injury and crush asphyxia when the suspended structure he was working on moved.”
At the time, Leask Marine insisted Luka was only a sub-contractor even though UK laws make clear that main contractors have overall responsibility for the safety of everyone on their site.
Despite the findings being passed to the Crown Office there has been no update on a potential health and safety prosecution against Leask Marine.
Gisela and Luka were together for eight years in total and married for three years – they lived together in Croatia but Gisela has been forced to return to native Spain for family support.
The grieving widow has also approached Digby Brown Solicitors to consider the merits of a separate civil action as she awaits the decision of prosecutors.
Gisela added: “Luka was the main earner and his life insurance provider refuse to help until they get the evidence they need – but everything is held by prosecutors who refuse to release it, even though it could prevent me being homeless.
“I don’t know if insurers are exploiting this delay or if it’s a normal part of the process but a criminal decision needs to be made."
She added: "Prosecutors need to make a decision because two years to wait for answers is agonising and the Crown needs to understand its work, and delays, have real consequences for people in the real world.”