Mountain Clients

The Sunday Times, June 2, 2002: ‘The family of the youngest Briton to reach the summit of Mount Everest is suing the firm that organised the climb, claiming that he died during his descent through the companies negligence.

Michael Matthews, 22, reached the top of the 29,028ft peak in May, 1999, but disappeared while making his descent. The executors of his estate have issued High Court writs against Out There trekking (OTT). Matthews paid £25,000 to the company to get him to the summit; this sum included the services of an expedition leader, a guide and the man who supplied oxygen to the expedition. The writ claims total damages of £50,000, saying the company did not guide Matthews properly on the mountain,did not supply a safe oxygen system and failed in its duty of care to its client.

John Tinker, the expedition leader, is being sued along similar lines, as is Michael Smith, the guide, and Henry Todd, who was not a member of the expedition but supplied it with oxygen systems. These are alleged to have been defective and Matthews’s family believes this proved fatal for him.  "Our family’s interest in pursuing this matter is in the hope that something useful will come from it, " said David Matthews, Michael’s father. "What we have found out is that nobody has any responsibility for the people who take expeditions up Everest. There are no police at 8,000 meters. It’s lawless and things are happening which should not."

The writ says it is likely that Matthew’s oxygen equipment was not working (properly) during the ascent and even thogh he was lucid he began to suffer problems on the way down. As a violent storm broke out, Smith and Matthews became seperated. Smith waited at the Balcony where he replenished his own oxygen, but Matthews did not appear. Smith called Nick Kekus, the senor guide, but was told that no rescue attempt could be mounted. As he began to lose sensation in his toes he decided to descend to Camp 4. Matthews is thought to have perished somewhere between the South Summit and the Balcony. According to the writ, problems with oxygen affected many of the expeditions members. They had been told they would have Poisk oxygen bottles and respirators, regarded as the best in the world. In fact, they were given LSE cylinders. The two systems supplied by Henry Todd, used difference adapter fittings for the regulators and the valves. Various attempts were made to file down parts of the fittings to marry them together, not always successfully.

David Matthews believes more could have been done to save his son and says there were 35 Sherpas on the expedition, most of whom were expert high-altitude climbers. Last night none of the defendents could be reached for comment.’

       OTT who have since gone out of business, were founder members of IGO 8000/BMG who to this day purport to be at the – cutting edge of Himalayan safety where its clients are concerned. Michael Matthews is not the only IGO 8000/BMG client to have been killed in an avoidable accident whilst climbing Everest. On the 29 April, 2002, Peter Legate, from Hampshire, fell to his death whilst on an IGO 8000/BMG lead commercial expedition. Like Michael Matthews, he also was left to descend alone (not roped to a guide) when he fell and disappeared into a deep crevasse from where, his body may never be recovered. This is not the first time that member of the BMG has been sued in a private court case.

In 1997, seven years after his death, Gerry Hedley’s widow successfully sued her husbands BMG guide (who also survived his client) for her husbands avoidable death.