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On the morning of September 6, 2022 my sister, Cheryl Bergey and her husband, Don Stacy boarded, Aqua Adventure’s Big Blue 1 excited to have the opportunity to swim with humpback whales. Approximately 2 hours later, the boat returned to the Water Police Dock carrying Cheryl’s lifeless body. Please read this for your safety!
The safety deficiencies demonstrated by owner/operator, Leon du Plessis were numerous. But, “TOWING” 4 swimmers (including 2 seniors, aged 65 and 71) on a mermaid line for a significant distance through rough water with wind speeds much higher than Aqua Adventures stated threshold of 15 knots was nothing less than shocking. No spotter was made available (required by the Safety in Recreational Waters Activities Act of 2011) to properly observe the swimmers. Cheryl aspirated seawater and soon thereafter drowned.
Leon du Plessis refused to be interviewed by WHSQ (Workplace Health and Safety Queensland).
After many months, WHSQ forwarded their final report in the spring of 2023 to the OIR (Office of Industrial Relations) Prosecutor to consider criminal charges.
We await the Coroner’s office for a decision regarding a Coroner’s Inquest. If this does occur then Leon du Plessis would be required to provide answers in considerable detail to many difficult questions.
Don Stacy did not do well after Cheryl’s death and passed away in October of 2023 thus ending the civil litigation.
Notices were officially issued by both WHSQ and AMSA (Australian Maritime Safety Authority) under the Safety in Recreation Water Activities Act in December of 2022. - via 