Sunday, June 1st, 2008
The Lyme Bay Disaster: Pete Kite, the managing director of the Lyme Bay centre where four young people died in a canoeing accident was convicted of manslaughter and received a sentence of 3 years in jail (reduced to 2 years by the Appeal Court on 8th February 1996). They rejected his appeal against his conviction. Two years in jail, just for being ‘responsible for the circumstances’ leading to the deaths! And yet…
Committee finds British Guide “not at fault”. Climber Magazine: November 1997.
Canoe Centre manager (Lyme Bay Tragedy 1995) is jailed for two years after three clients died and BMG mountain guide who ‘lost three client’ in the Anoch Mor (tragedy 1998) in an ice avalanche gets – promoted to Highland Safety Officer…
Even though a High Court Judge, Mr Justice Dyson, had found the guide to be negligent towards his client in the case of Hedley v Cuthbertson (q.v.), at a meeting in late September 1997, the Professional Standards Committee of the Association of British Mountain Guides found that David ‘Smiler’ Cuthbertson, was ‘not at fault’.
The three-man committee (which according to BMG/UIAGM/IFMGA rules should have sat seven years earlier) (rules eh), was chaired by Professor David Hopkins, Chair of the School of Education at the University of Nottingham and a longstanding BMG guide. The other members seconded for the enquiry were Wales-based climber Nick Banks, an independent (BMG) guide for over 25 years and Pat Littlejohn, Director of the International School of Mountaineering in Leysin. Both men are highly experienced mountaineers. Professor Hopkins decided, given the public interest (the fatal accident remained largely out of the public eye from 1990 to1997) in the case, to appoint an independent observer for the hearing, a role fulfilled by Chris Bonington who is a Patron of the BMC.
The decision of the committee meant that David ‘Smiler’ Cuthbertson was able to continue guiding without sanction. Cuthbertson had already worked unhindered from 1990 to 1997.
Competent in all aspects of client care, I think not. Competent in all aspects of guide care – certainly.
Here is another example of a guide not to blame:
According to The Times, The Daily Telegraph and The Guardian on 15th December 2000, the BMG guide who took six clients onto the mountain in avalanche conditions on Aonach Mor, Scotland, on the 29th December, 1998, was ‘not to blame’!
But of course this latest Fatal Accident Inquiry has found the guide not at fault. All the other members of the BMG who have ‘lost’ clients were also cleared by the BMG’s Professional Standards Committee. And yet, prior to these four (in my view) avoidable deaths on 29th December 1998 and to date, the BMG were still advertising on their web site: ‘Our members are competent in all aspects of client care’.
During the enquiry, Sheriff Forbes levelled some criticism at the Association of British Mountain Guides, citing conflicting opinions from past and present presidents on whether members should carry mobile phones as “counter-productive” adding that “clear guidance should be given”.
He also suggested that the BMG should investigate a system of check-in and check-out [a basic requirement of all intelligent hill walkers, climbers and mountaineers for many years] with the operators of the Nevis Range ski-lift, so that non-appearance of parties might be noted.
The criticism once again was about basic mistakes by the BMG; mistakes that in my opinion have cost the lives of so many of their clients thus far.
Another FAI into the avoidable death of a woman climber on Liathach in Torridon in January 1994 recently published its report. Dr Katherine Herd died from injuries suffered when she was avalanched from Trotter’s Gully on Liathach. At the time, she was a client on a winter mountaineering course run by Strathcarron-based British Mountain Guide Martin Moran.
The Sherrif Principal, Douglas Risk, concluded that Dr Herd’s death was a misfortune which could: “…not be attributed positively to any human cause”. He emphasised that: “There is always an element of danger in climbing Scottish mountains in winter”. He apparently added: “..the occurrence of an accident does not ipso facto establish that sensible precautions were not taken”.
Kevin Howett, the then National officer of the MCofS commented: “Whilst no one wishes to see any deaths occur in the mountains and Dr Herd’s family have our sincere condolences, the MCofS are heartened by this report… The judgement is a common sense one”.
So, another “Triumph for Common Sense” in the words of Stephen Venables.
It is apparent that the Sheriff was not made aware of advertising put out by the BMG and the BMC prior to this latest avoidable, fatal accident to another mountain client.
“Adventure with Security” was being advertised by the BMG and, according to BMC publications at the time, Mr Moran’s winter courses met strict BMC safety criteria. Whatever they may be!
No, this was not just another accident, it was at least the 13th known fatal accident to a mountain client and in each case, bar one, the guide survived. These were not “overwhelming accidents” and certainly in my view, they were avoidable.
The supposed futility of apportioning blame was dealt a severe blow in 1997 when a BMG guide was found guilty of negligence in the High Court, after the death of his client in 1990.
My investigations continue. If you have an instance where you feel that your safety was compromised by mountain guides or instructors – let me know.
A final thought in this section:
Mountain clients should be familiar with basic climbing techniques from a good book. Do not rely solely on the “expert”. This picture is on the front cover of a specialist climbing magazine and it shows the very basic mistake of abseiling on a karabiner – the safety gate of which is stuck wide open.…………….
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