Jury out in Dales schoolboy cave death trial

Joe Lister died when water swept through Manchester Hole Cave in the Dales in November 2005.

The 14-year-old schoolboy, from Tadcaster, was trying to make his way along a passage known as the Crawl with 10 other pupils and three adults when he got into difficulty in rapidly rising flood water.

North Yorkshire County Council, which owns and operates the outdoor education centre, Bewerley Park Centre, faces two charges under the Health and Safety at Work Act (1974).

It is accused of failing to ensure the health and safety of its own employees and another charge of failing to ensure the health and safety of non-council employees.

The court has heard how pupils went to the cave with three adults, including a 17-year-old volunteer instructor, a mathematics teacher and an instructor from the centre.

The group was taken through a tunnel 39ft (12m) long and less than 3.3ft (1m) in height at its lowest point, which they had to stoop or crawl on hands and knees to get through.

After some time in the cave the water began rising rapidly, forcing the terrified youngsters to swim to safety.

Joe was later found by a rescuer with his head torch still on but minus his Wellington boots. He had drowned.

The council denies the charges.

Leeds Crown Court was told the rapid rise in water was "unprecedented" and could not have been foreseen.

Mr Robert Smith, QC, for the council, said: "The issue in this case is not whether flooding in the cave was reasonably foreseeable, of course it was, but if the sudden and rapid rise in water levels was reasonably foreseeable. It is the county council's case that it was not."