Juvy Baat, 28, from Cebu, captain of the Myles II, appeared at a preliminary court hearing in Dumaguete on Monday 19 February to answer a complaint of “reckless imprudence resulting in homicide” filed against him by Lee Fung Kui, the wife of the dead diver.

Lee's husband Young Tai Hang, 54, died as a result of severe head injuries after being struck by the propeller close to the coast of Apo.

The couple, from Hong Kong, had been staying at the Azure Dive Resort in Masaplod, Dauin and were visiting the island on the dive-boat On A Whim.

The Philippine Coast Guard (PCG) was informed of the incident and the diver was taken to hospital in Dumaguete but declared dead on arrival.

Baat, who had been heading to Apo with 11 passengers aboard, reportedly said that he had been aware that there were divers in the area, but did not think anyone would come to the surface while he was passing.

One report said that Young had surfaced after his dive and was waiting in the water while his wife took photographs of him from the boat.

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