Lyme Bay Disaster:
Pete Kite, the managing director of the Lyme Bay centre where four young people died in a canoe accident, received a manslaughter sentence of 3 years reduced to 2 years by the Appeal Court on 8 Feb, 1996. They rejected his appeal against his conviction. Two years, just for being 'responsible for the circumstances' leading to the deaths! And yet...
Committee of the Association of British Mountain Guides (including Sir Chris Bonnington!) finds British mountain guide "not at fault"
Climber Magazine: November, 1997.
Even though a High Court Judge, Mr Justice Dyson had found the guide to be negligent towards his client; in the death of Mr G. Hedley (Hedley v Cuthbertson), 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". (Tim Howard, would say that this meeting was a `properly constituted public inquiry´.?)
The three man committee that 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 (set up years ago quite illegally under the very noses of the Swiss Government/Guides Association). Both men are highly experienced mountaineers. Professor Hopkins decided, given the earlier public interest (the fatal accident remained a secret from 1990-1997) in the case, to appoint an independent observer for the hearing, a role fulfilled by, step forward, Sir Chris Bonington (Patron of the - BMC)...
The judgement means that David 'Smiler' Cuthbertson should now be able to continue guiding without sanction and his suspension (Cuthbertson had already worked unhindered 1990-97) imposed belatedly following the decision by the BMG to 'finally' hold an internal enquiry.
Another BMG guide, not too blame for 4 deaths. According to The Times, The Daily Telegraph and The Guardian, on the 15 December, 2000, the BMG guide who took six clients into avalanche conditions on Aonach Mor, Scotland, on the 29 December, 1998, was found: to not to blame.? In 2003 that same BMG guide was elivated to the position of - Winter Mountaineering Safety Officer for - Scotland.?
But of course, this latest Fatal Accident Inquiry has found the BMG guide (Roger Wild, of the Lochaber Rescue team): 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 avoidable deaths on the 29 December, 1998 and to date, the BMG were still advertising on their web-site: 'Our members are competent in all aspects of client care.'? Interestingly, in every fatal accident to BMG clients, and this tragedy was no exception, the guide has always survived. Similar, false advertising was stopped by the Advertising Standards Authority in 1997, at the request of the - Association of Mountain Clients.
Competent in all aspects of client care, I think not. Competent in all aspects of guide care - certainly...
Sheriff Forbes's decision; the opinion of just one man, did not take into consideration - all of the evidence available to him. He did though, according to the March issue of Climber, critisise the BMG for its members not 'being trained'; there are no guidelines, concerning the carrying of mobile phones or radios, modern means of summonsing rescue and also, the practice of not leaving precise details, common practice amongst most hillgoers; leaving details of where they are in fact going; never mind - taking clients!.
Judge Diane Cotton QC dismissed all neglegence claims against British Mountain Guide (BMG) David 'Cubby' Cuthberton...
'A civil case in the High Court (1994) has established (?) important precedent relating to climbers and responsibility, duty of care and liability. This comes at a time of increased pressure on manufacturers, guides, instructors, clubs and individuals against litigation following injury to third parties.
Diana Cotton QC dismissed all neglegence claims against (another) British Mountain Guide David 'Cubby' Cuthberton from Edinburgh, who was being sued by his student (client) Peter Pope.'
Whilst the Plaintiff had an 'amatuer climber' has his expert witness, the Defendant as his expert witness, had Mr Iain Peter also a member of the BMG who at the time was working for the - UK Mountain Training Board who, along with the Defendant, re-constructed the accident; the fall, for the court. Since 1997, Mr Peter has been the Chief Executive of Plas-y-Brenin, the National Mountain Centre in North Wales.
'Mr Pope received wrist and spinal injuries when he fell about 20 feet attempting to lead a route at Back Bowden doors, Northumberland, whilst being instructed by Cuthbertson.' According to the court transcript: there is no mention of any slack rope being 'taken-in' during Mr Pope's fall. 'The belay plate was - merely locked-off. It was no wonder that Mr Pope managed to hit the ground. The client was allowed to place - all of his own protection.
Interestingly, Mr Cuthbertson's career has gone from strength to strength since his clients demise. Apparently, his latest film, 'Touching the Void', something about it being O.K. to cut - your already injured partners rope, is going down a treat with British climbers. So much for - British climbing then...
Rockfax 16 October, 2006: 'Glenmore Lodge are crazy', so wrote a young climbers (apparently, they would not take him on one of their winter courses) apparently, he was too young (he does'nt know how luck he is). No change there then. The book: 'A Chance in a Million', about avalanche awareness gives some insight into Glenmore Lodge's safety record when it come to client care.
