SHERIFF CALLS FOR REVIEW AFTER CLIFF DEATH FALL

A SHERIFF has called for a comprehensive review of regulations governing activity centre for young people under the age of 18.

Sheriff Johanna Johnston QC, says the review should be undertaken by the Health and Safety Executive as soon as possible after a gorge jumping tragedy which led to the death of a 15-year-old schoolgirl at a Galloway beauty spot nearly four years ago.

During a 24-day fatal accident inquiry at Kirkcudbright Sheriff Court into the death of Laura McDairmant, she was told that top officials at the Abernethy Trust’s Barcaple Outdoor Centre at Ringford, near Castle Douglas, did not know that gorge jumping was taking place at the pool where she plunged 31 ft on to rocks and suffered horrific injuries to her face and neck.

The Sheriff was also told that gorge jumping was not governed by a national body and there was no qualification which could be gained for these activities.

She hit out at the management at the time and said she had reached the view that outdoor activities at the Barcaple in the period from 2001 until the accident were not adequately managed.

And that the operations director in place at the time of the accident, Andy Pratt, was not qualified in outdoor activities and left outdoor activities under the control of instructors.

She said the cause of the accident was the use of the pool and said the site was unsafe and should not have been used for the activity and that that the trust had failed to carry out a proper risk assessment for gorge jumping.

“There was a rock ledge protruding from the pool underneath the jumping point and there was a danger that a participant would fall onto the rock ledge. Laura jumped from a height of approximately 9.5 metres above the surface of the pool, landed on the protruding ledge of rocks and sustained injuries which caused her death,” said the Sheriff.

She also heard that Dumfries and Galloway Council did not know that this type of activity was being run and that regulations extended their responsibilities to activities conducted outwith the boundaries of the centre.

She said: “There is no obligation on a provider to advise anyone about the provision of out of scope activities. As the circumstances at Barcaple in July 2006 demonstrate, this allows for the situation where the licensing authority and the enforcement authority do not know that an activity is being undertaken.”

Laura McDairmant, 15, fell on to the rocks at the Grey Mare’s Tail Burn, near Newton Stewart, while taking part in gorge jumping in July 2006.

Laura, of  Jesmond House, Wetheral Pasture, Carlisle, was on an adventure holiday at Barcaple outdoor centre where she had attended on a number of occasions.

The teenager was airlifted to Dumfries Infirmary after the accident but died 24 hours later from her injuries.

Sheriff Johnston wants all activities at centres to be licensed without delay and for H&SE to issue clear guidance to local authorities on the extent of their statutory responsibilities for those under 18.

She also said the introduction of gorge jumping at the pool where Laura fell followed upon an error of judgement by a member of the Barcaple staff.

She said that Andy Giles, chief instructor at the centre from January 2001 to December 2003 had introduced ‘gorge walking’ at the beauty spot and as part of that activity he introduced jumps into the first and second pools there.

“Mr Giles now accepts that he made an error of judgement and that the site was unsafe. He was very frank in his evidence and now realises he did not have sufficient experience to make a judgement on the suitability of the second pool for gorge jumping,” she said.

The Sheriff said that there had been no proper risk assessment for this pool where Laura died and that the pool had been used as a summer activity from 2002 until Laura’s death.

Sheriff Johnston said she had reached the view that outdoor activities at the Barcaple in the period from 2001 until the accident were not adequately managed and the operations director in place, Andy Pratt, was not qualified in outdoor activities and left outdoor activities under the control of instructors.

“There was an absence of any system to record any safety concerns raised and the system for the review of risk assessment was inadequate. The safety procedures in place in July 2006 were inadequate and the procedures allowed for the introduction of new and potentially dangerous activities by a single member of staff and at chief instructor level,” she went on in her 52 page determination.

She also said she was surprised that Mr Pratt was not aware that gorge jumping was taking place at Barcaple as there was evidence that the activity featured in literature associated with summer camps and was on the daily programmes distributed at the centre.

“I also heard evidence that one of his sons had been at a gorge jumping session at the second pool and I have been unable to reconcile these strands of evidence. I did not reach the view that he was not telling the truth on the point but I am left with the impression that Mr Pratt took insufficient care about what was happening in the outdoor activities being provided at Barcaple.” She said.

Sheriff Johnston said the Abernethy Trust, which was fined £16000 in October 2008 for breaching health and safety regulations, addressed the inadequacies in the management and safety systems in the new policies and procedures they had adopted and now operated.

12 DIE IN RANDOM SHOOTINGS

TWELVE people have been confirmed dead and more than 20 injured when a gunman went on the rampage in Cumbria.
Cumbria Police say they had found a body believed to be that of the suspect - taxi driver Derrick Bird.
The body was found in the Boot area in the afternoon as police from all over the area were drafted in after the first shooting in Whitehaven on Wednesday morning.
The gunman then drove south and police say he shot people in different parts of the county, apparently at random.
Armed police from all over the North West were brought as the hunt went on and helipcopters were used to try and tack the man down.
Armed police units from Dumfries and Galloway Police were sent to the Scotland - England border in case he headed north.
At least two people died in Seascale and a farmer was gunned down near Gosforth.
area.
The body of Mr Bird, 52, was found in the early afternoon and Deputy Chief Constable Stuart Hyde said: "I can confirm that we've found a body in a wooded area near Boot which we believe to be Mr Bird, together with a firearm."
He added: "A formal identification will be made later. Our focus now is to try and work out what has caused this and where Mr Bird has been over the last 24 hours and in particular the last few hours."
"If anyone has seen him or has seen any of the incidents, please come forward, speak to us and help us piece together exactly was has happened in this very, very tragic set of circumstances."
One man's body was found behind a taxi rank in cordoned-off  Duke Street,
A major incident was declared at West Cumberland Hospital, in Whitehaven, where the NHS said all routine operations had been cancelled.
The Accident and Emergency department at the Cumberland Infirmary in Carlisle is also on full incident stand-by.
And the Sellafield nuclear reprocessing plant in west Cumbria closed its gates as a safety precaution and afternoon shift workers were being told to stay away, though the site has since reopened.
The first victim in Whitehaven was believed to be a colleague of  Mr Bird

ELECTION ROUNDUP

BROWN COASTS TO VICTORY

Russell Brown has been re-elected to serve as the MP for the Dumfries and Galloway Constituency with a much increased majority

When the result was announced at the Easterbrook Hall, Dumfries around 4am he had increased his majority to more than 7,000 compared with only 2922 last time.

The details for the Dumfries and Galloway Constituency are:

Richard Brodie, Scottish Liberal Democrats - 4608
Russell Brown, Scottish Labour Party -         23950
Peter Duncan, Scottish Conservative           - 16501
Andrew Wood,     (SNP) -                             6419
Bill Wright, UK Independence Party -               695

MAJORITY                                                   7449

It was another good night for David Mundell who retained the Dumfriesshire, Clydesdale and Tweeddale County Constituency, also with an increased majority.

He looks likely to be the only Scottish Tory in the Westminster Parliament once more.

The details are:

Alis Ballance, Scottish Green Party -                     510
Claudia Beamish, Scottish Labour Party -          13263
Catriona Judith Bhatia, Scottish Lib  Dem -          9080
Steven McKeane, UK Independence Party -         637
David Mundell, Scottish Conservative -              17457
Aileen Orr, (SNP) -                                             4945

MAJORITY                                                       4194

TRIPLE WHAMMY FOR GERS STAR

RANGERS fans 'bailed out' striker Kenny Miller after he hit a pot hole near Annan

The 30-year-old Rangers and Scotland star was due to face the JP Court at Annan on a speeding wrap. He hit a pot hole on the Lockerbie Road and hobbled into Annan yesterday (THURS).

But Gers fans John Smith and Sean Fergusson came to Miller and his partner when the Range Rover's front tyre burst and shredded. They drove nearly six miles back to Annan Miller said: "I hit the pothole near Annan and there was nothing I could do. I got back to Annan and the lads offered to change the tyre. It was a huge hole in the road and I'll need to get a new wheel as well."

The pair and several other helpers changed the wheel in Annan's High Street and John Smith of Annan said: "We heard he was coming to court and we wanted to see him. Sean and I are real fans and we want ted to get his autograph. "We didn't think we would get changing his wheel but we offered and he accepted. We couldn't get the Ranger Rover up on it's jack and we had to get the loan of another one."

And things only got worse for Miller for he was fined and banned at Annan JP Court and then re ceived a parking ticket when he came out. Miller was banned from driving after being caught driving at more than 100 miles an hour near Lockerbie. Annan JP Court heard how two police officers on motorway patrol recorded his Range Rover Sport travelling at 111.8 mph.

Miller, 30 of Lanark Road, Larkhall, was fined £700 and banned from driving for two months after he was found guilty of the speeding offence. To add to his misery Miller came out of Court last night to find a parking ticket on his vehicle. Miller, had denied driving on the A74M Glasgow - Carlisle motorway at 111.80mph. on April 15 last year as he drove south.

He refused to speak to the press when he came out. The limit on the the motorway near Junction 17 at Lockerbie was 70mph and acting Sgt Matthew Tait, 45, told how he was the driver of the motorway patrol when they spotted the black Range Rover as they sat on a slip road.

He said his colleague Constable Christopher Parker, 32, was operating the Provida speed check machine which calculated the distance over a marked 0.2 miles and it recorded the figure of 111.8mph Both constables said the machine had been checked and the measurements they took were accurate and there was no errors.

They said that after the speed calculation was made they set off after the Range Rover and came on near the next junction where they stopped it and found Miller was driving. Constable Parker said that Miller made no reply when he cautioned and charged him. Miller did not go into the witness box.

ROCK DEATH FAI AT KIRKCUDBRIGHT

KEEGAN FINED AND BANNED

FOOTBALL star Kevin Keegan has been banned from driving for six months.
The former England manager was also fined a total of £800 by magistrates yesterday (THUR).
Keegan, 57, was given the ban at Carlisle Magistrates Court when his points tally reached 12 and he was banned under the totting up process.
The football legend who address was given as  Hale, Altrincham, near Manchester, was caught speeding near Carlisle.
He was 'clocked' by a police road safety camera on near Carlisle on August 27 last year.
He pleaded guilty to travelling at 36mph in a 30mph limit on the A69 at Corby Hill.
At a previous sitting of the Court magistrates heard that the former international soccer ace, who also managed the England side and was with Newcastle United last year, already had nine points on his licence.
Keegan, who did not appear personally in court, was awarded an OBE, It was stated in court that he had attended a very stressful meeting at Newcastle United Football Club and his head had been in turmoil. It was also
 statement - described in court as being from his partner was read out to Carlisle Magistrates which said: "He had just come out of a very stressful meeting with Newcastle United Football Club and his head was in turmoil.
Keegan said the A69 was a very difficult road in terms of speed restrictions because it continually changed.
He moved into management at Newcastle United in 1992, again returning the club to the top-flight, as champions. After promotion, Keegan's Newcastle finished in second in the First Division in 1995–96, before leaving the club in 1997. After a spell at Fulham, he took charge of the England team in 1999 but resigned in the autumn of 2000, following a loss against Germany in World Cup qualification.
He then took over as manager of Manchester City in 2001 and spent four years at the club before resigning in 2005.
He had been out of football for almost three years when he returned to Newcastle United for a second spell as manager in January last year but this lasted only eight months and he resinged last September after days of speculation regarding a dispute with the club directors.
Keegan won three First Division titles, two UEFA Cups, two FA Cups and the European Cup at Liverpool and also gained his first England cap in 1972.

ARMSTRONG WINS GALLOWAY HILLS

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