The trial, at the first-tier Pärnu County Court, involves Tervise Paradiis OÜ and its senior instructor, Gert Kuusik, both of whom have been charged with causing the death of a client due to neglect.

The defendants deny culpability.

Commenting on the case, district prosecutor Olgerd Petersell said: "The cited provision [of the penal code] stipulates a penalty of up to three years of imprisonment.

"In Gert Kuusik's case, the prosecutor took into consideration the fact that he has no prior convictions," Petersell went on.
"However, I have also taken into account the fact that Kuusik has not expressed any remorse or demonstrated any regret," Petersell continued.

"I have assessed his guilt as average," he said.

Defense lawyers counter is that the law—referred to in this scenario as a "mandatory norm"—does not stipulate specific lifeguard standards at a water park of this kind.

Defense attorney Stella Veber said: "The accusation references a so-called mandatory norm, which, however, does not specify any requirements for having a lifeguard in compliance with standards at the water park."

"Consequently, neither the water park nor its employee can be held liable."
Veber further said: "Based on the evidence, this was an accident, while it is not possible to establish the guilt of either Gert Kuusik or Tervise Paradiis in this case."

On March 11 last year, a 27-year-old man named in the media as Kristjan tragically drowned at Tervise Paradiis, located close to Pärnu beach.

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