The company behind Sea Gypsy Village Resort on the remote Malaysian island of Sibu has expressed shock at the news that a negligence lawsuit has been brought against it and two of its staff in connection with the 2022 death of a 13-year-old diver, as reported in detail on Divernet on 2 June.
The resort’s owner-operator Winter Snow maintains that it had continued to have a good relationship with the boy’s parents even after the fatal incident – to the extent of having taken family-members scuba diving.
Teenager Nathen Chesters was left adrift with his father, their instructor and another guest in the South China Sea after becoming separated from their dive-boat.
While the instructor was rescued the following day, the boy went on to die during the gruelling four-day drift survived by his father Adrian and his dive-buddy. The group had been carrying out PADI Advanced Open Water Diver training in strong currents when they became separated from the boat.
The lawsuit has been brought by British national Adrian Chesters and Nathen’s mother Andrea Van Der Zee, a non-diver. They are seeking damages amounting to the equivalent of £66,000.
Winter Sun’s legal team FHC Legal of Johor Baru have told Divernet that Sea Gypsy Village Resort is a small family-run business that has prided itself on its commitment to quality diving and to the local community over the past 30 years.
“Our clients have always maintained a strong, positive relationship with the victim’s parents since the tragedy,” said FHC lawyer Nick Chew. “They have gone above and beyond to support the family, hosting events at their expense and taking them diving since.“ It is understood that a vigil and Viking ceremony had been held at the dive-site on the first anniversary of the incident in 2023.
“The defendants are stunned by the sudden change in attitudes and to be now placed in a position where they must defend themselves against claims that are not only unfounded, but also include numerous inaccuracies and falsehoods and a claim for a substantial monetary award.”
‘Demonstrating the truth’
Divernet had reported that Winter Sun had not responded to the allegations made in the lawsuit within the required time-frame because it was still in discussions with its insurance company.
“We wish to assure all concerned parties that a comprehensive account, including details of the exoneration of our clients’ practices and procedures by the relevant authorities at the time, will be presented,” says Chew. “Our clients remain committed to demonstrating the truth and upholding their reputation whilst being sympathetic to the family’s continuing grief.”
Three months after the fatal incident, the resort had been fined 5,000 ringgits (about £830) by the Malaysian Maritime Enforcement Agency for operating a dive-boat without an adequate crew.
Local police investigations resulted in the boat-skipper being fined 2,000 ringgits after testing positive for methamphetamines. Their case in relation to the death of Nathen Chesters, whose body was never found, remains open.
The Chesters’ legal action cites not only Winter Snow but, as individuals, resort and dive-centre manager Richard Wills, who is a member of the family that owns the resort, and skipper Kamil Bin MD Kassim. They are also being represented by FHC Legal at present.
The lawsuit claims that the defendants’ breaches of duty of care resulted in the death of Nathen Chesters, physical and psychological injuries to his father and psychological injuries to Van Der Zee, who had also been staying at the resort with her daughter at the time.
Also on Divernet: 13-year-old diver's parents sue Malaysian resort over death, Instructor rescued – 3 trainees missing off Malaysia, Missing boy died beside father on Malaysia drift, £900 fine for operator that lost four divers, Dive pros call for Malaysian regulatory body
