Boat firm owner cleared after trial

A canoe hire boss who was taken to court after a holidaymaker who hired one of his boats at Lake Vyrnwy drowned, has been cleared of wrongdoing.

David Proctor, 58, was charged with three health and safety offences after the death of David Phillips.

Mr Phillips, from Buckinghamshire, drowned on August 2, 2004, when the weather turned bad and the canoe he was in with his wife, Brenda, capsized. Mrs Phillips managed to swim to safety.

It was alleged Mr Proctor, owner of Bethania Adventure at Lake Vyrnwy, provided Mr Phillips, 68, with an insufficient personal floatation device, failed to provide adequate safety sweeps of the lake and failed to monitor the boundaries of his area of operation.

He was cleared of all charges yesterday after a five-day trial at Wrexham Magistrates Court.

Delivering a verdict of not guilty, District Judge Andrew Shaw said he could not prove beyond all reasonable doubt that Proctor failed in his duties.

He said: "I reached this decision after asking myself, can I be sure you did not brief Mr and Mrs Phillips of the boundary line? It is Mrs Phillips's word against yours, so I can't be sure enough under law to convict you.

"This is a most tragic case and an awful position for you all to be in. It is very sad."

Speaking outside court after the verdict, Mr Proctor said he was relieved the case was over.