Barmen cleared over hotel guest cocktail death

Following the ruling over the death of Graham Parish his heartbroken parents said they hoped their son’s death from alcohol poisoning highlighted the dangers of drink.

A Irish judge ruled that barmen Gary Wright and Aidan Dalton were not responsible for the death of the young engineer who died after downing the lethal cocktail of shots in a pint glass at the Hayes Hotel, Thurles, Co Tipperary, on June 30, 2008.

The landmark prosecution was the first case of its kind under the liquor liability laws ever taken in the Irish Republic.

Mr Parish’s parents David and Julie and sister Jess were distraught as they left the Nenagh Circuit Court where Judge Thomas Teehan directed the jury to return a not guilty verdict.

The judge said the state had proved Mr Wright, the bar manager, and barman Aidan Dalton had a duty of care to Mr Parish, had breached that duty of care and that their negligence was gross.

But he found their negligence was not the cause of the victim’s death as Mr Parish took the decision to have the drink.

He said an accused person in a criminal case could not use alcohol as an excuse or defence, even if they could not remember, and the same applied in this case.

“A decision was taken by Mr Parish, even after Mr Dalton and Mr Wright came to the conclusion that the drink should be served,” said Judge Teehan. “He then took the decision to consume that drink and that was a supervening event to break the chain of causation.”

The father of two, from Nelson, east Lancashire, was celebrating his 26th birthday and birth of his second child, a son, the night he died.

He was employed by Reliant Installations Ltd in Skipton, North Yorkshire and had arrived only that day for a job in the local area.

Mr Parish drank heavily during the evening, consuming about nine pints of lager and Guinness with five British contractors who were working in a meat processing plant in the area. He had even showed off his party trick – downing a pint in about three seconds – not knowing vodka had been put in two of them for the birthday boy.

But it was within minutes of slamming the cocktail of spirits the 6ft 3in victim – who was known as a “gentle giant” by neighbours – slumped off his bar stool. Friends tried to get him to bed but could only carry him as far as a conference room on the first floor where he was left to sleep it off. He was found dead by a night porter the following morning.

In a statement, Mr Parish’s parents, David and Julie, said their son was a doting father and appealed for his death not to be in vain. “Since becoming a father he rarely drank and had restructured his work in order to spend more time with his family. Unfortunately this rare opportunity to let his hair down resulted in his death and left his young family fatherless.

“We hope this case will highlight the dangers of drink and if it can prevent any more deaths, we feel Graham’s death was not in vain.”

Mr Wright, 34, and Mr Dalton, 28, who are from Kilfithmone, Borrisoleigh, in Co Tipperary, faced up to life in jail if convicted and their family and friends wept in court as the case was dramatically struck out.

On Thursday, the court heard that Dalton told police he asked his bar manager if it was OK to serve about 10 shots in a glass as he had never served more then a triple in the past. In a later interview he told officers he believed the mix of drinks was going to be passed around the group.

“If I realised he was going to slam it I wouldn’t have served it,” his statement added.

Gerry McGovern, general manager of the Hayes Hotel, said he was relieved the case was over.

“Our thoughts and prayers are first and foremost with the Parish family at this time,” he said in a short statement. “We would like to express relief that the case has come to an end for everybody.”