A grieving widow has spoken out on the anniversary of her husband’s death to urge prosecutors to make a key decision.
Luka Budesa was removing shipwrecks to make way for Stornoway’s new £49 million deep water port when he was struck on the head and crushed exactly three years ago today.
A safety body ruled in October 2022 that there were failings – and prosecutors received their report 16 months ago – but has yet to decide whether to bring charges.
Luka’s widow Gisela Gomez Suarez is still waiting for answers – and has urged the Crown Office to make swift progress.
Gisela, 38, wants to ensure that other divers get vital protection because anyone failing to keep them safe faces legal consequences.
She is also prevented from claiming a life insurance policy and taking civil action until the Crown Office announces charges or closes the case.
Gisela must depend on loved ones for financial support until then.
Widow’s first interview since devastating loss
In her first interview since Luka died, Gisela spoke of the devastation of losing her soul mate.
Luka, 39, is originally from Croatia and they became a couple in 2013.
They wed at a dream ceremony in 2019 and Luka frequently travelled across Europe as part of his work as a qualified diver.
On August 31 2021, Luka was working for a commercial diving company based in the Highlands.
As part of that work, he was helping Kirkwall-based Leask Marine remove objects off Stornoway for the deep water port project.
While working, a platform hit Luka on the head before crushing his chest and abdomen.
He died on his way to the hospital.
The Health and Safety Executive (HSE) launched a probe and reported its findings 10 months later.
The body issued Leask Marine with an improvement notice, ruling it had failed to “suitably and sufficiently” assess the risk for divers on the site.
Company’s failings during work
In the HSE’s notice, investigators said Leask Marine had “failed to plan, manage and monitor” the project while it was carried out by workers under its control.
This includes “particularly” failing to properly manage and monitor the dismantling by divers of a suspended wreck.
The HSE’s notice stated that, even when a company does not directly employ a worker, an assessment of their health and safety was still needed due to the connected work they were undertaking.
Leask Marine has since complied with the improvement notice.
It is understood the HSE provided the Crown Office with a report in April 2023.
But the Crown Office is still to decide on any charges.
Gisela 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.
“Luka was the main earner and his life insurance provider refuses 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.”
‘What more do prosecutors need?’
Friends and colleagues of Luka raised more than £5,000 for his family in an online fundraiser – but that was two years ago and Gisela is in desperate need of an update on the case.
The widow said she has had to leave her home in Croatia and return to her native Spain for family support.
Gisela added: “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.”
Gisela added: “A decision on whether to bring charges needs to be made.
“Prosecutors need to make a decision because almost two years to wait for answers (since the HSE ruling) is agonising.
‘Very stark impacts’
“The Crown needs to understand its work, and delays, have real consequences for people in the real world.”
Gisela is being represented by Scottish legal firm Digby Brown whose representative described the HSE’s findings as “damning”.
A Digby Brown spokesman added: “The loss of Luka was not just emotionally traumatising for Gisela – it had very stark impacts on her way of life and we will continue to support her accordingly as she seeks answers, justice and recognition.”
A Crown Office spokesman said: “We recognise that the time taken to date must be very difficult for the family of Luka Budeska.
“A report from the HSE is being considered and the detailed criminal investigation remains ongoing.
“This complex investigation is being conducted with the utmost thoroughness and any prosecutorial decision will be made after careful consideration of all the evidence and circ*mstances by a professional prosecutor, acting independently in the public interest.”
‘He was not operating under our direct control’
A Leask Marine spokesman said: “We are unable to comment further into an ongoing investigation.”
Previously, the firm’s management expressed their deepest sympathies to Luka’s family and friends and said they had worked with the HSE to revise its procedures.
The spokesman added: “Leask Marine have responded that Mr Budesa was an employee of a sub-contract business to Leask Marine and do not accept Mr Budesa was operating under their direct control, instruction, or supervision at the time of the incident.”
