THREE men charged with killing a toddler who was hit by a speedboat have been cleared.
Paul Gallagher, of Repton Road, Orpington, died from massive head injuries in August 2002.
The 19ft-long speedboat mounted the beach at the Atlantis Resort in the Bahamas and hit him while he slept.
The jury of six women and three men cleared the boat's driver, 30-year-old James Bain, and its owners Clifford Nottage, 54, and Evangeless Williamson, 66, of manslaughter by negligence after judge Elliot Lockhart ruled there was no case to answer.
Video: family's reaction to verdict - click here
Two-year-old Paul's parents reacted angrily to the verdict both inside and outside the courtroom.
The youngster's mother, Andrea Gallagher, broke down in tears at the back of the court.
Her husband, Paul, 43, stood up and shouted at Bain: "Why don't you tell the truth?".
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| The toddler's parents Paul and Andrea Gallagher |
Outside court Mr Gallagher had to be held back from approaching the three men by his wife's brother John McGuckion.
Both the toddler's father and uncle then started shouting at the boat's driver and its owners as they were moved away by court officials.
A June 2003 inquest in the Bahamas recorded a verdict of accidental death, but the Bromley coroner later recorded an open verdict at a second inquest the following year.
The criminal trial came about after Bromley coroner Dr Roy Palmer said there were "real doubts" over the incident, and subsequent investigation by the Metropolitan Police.
The court heard that Bain was pulling a banana boat with the 200-horsepower speedboat when it was hit by a wave, knocking several people into the water.
As Bain, who did not have a master's licence, went to help them, leaving the engine running, his foot became tangled in a rope and the boat approached the beach at full throttle, scattering bathers.
9:33am Thursday 24th April 2008
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CommentPosted by: Lizzielooloo on 10:01am Thu 24 Apr 08
I am desperately sorry for Mr and Mrs Gallagher as this is not the outcome they wanted, my thoughts are with them.
I am desperately sorry for Mr and Mrs Gallagher as this is not the outcome they wanted, my thoughts are with them.
Posted by: Tess, Erith(and proud) on 11:46am Thu 24 Apr 08
I wish you both peace and all the best for your future.
I wish you both peace and all the best for your future.
Posted by: Housewife, Bromley on 11:52am Thu 24 Apr 08
Now let the poor little mite rest in peace, God Bless
Now let the poor little mite rest in peace, God Bless
Posted by: Mrs A, catford on 3:24pm Thu 24 Apr 08
My heart has always gone out to the Gallaghers and little Paul. This is such a tragic and awful situation. Be sure though there will be justice in heaven because clearly there is none left on this earth.
Take strength from the fact that many people feel for you all and know that at least some of us realise what should have happened and that these people will have to live with the knowledge of what they have done even though they don't seem to have been punished. Paul will always be a beautiful little angel and no one can ever take his memory away from you. He will live in your hearts and the hearts of lots of other people forever.
God bless
My heart has always gone out to the Gallaghers and little Paul. This is such a tragic and awful situation. Be sure though there will be justice in heaven because clearly there is none left on this earth.
Take strength from the fact that many people feel for you all and know that at least some of us realise what should have happened and that these people will have to live with the knowledge of what they have done even though they don't seem to have been punished. Paul will always be a beautiful little angel and no one can ever take his memory away from you. He will live in your hearts and the hearts of lots of other people forever.
God bless
Posted by: Carmen, Sunderland on 9:07pm Thu 24 Apr 08
This verdict is shocking. Something is very sadly wrong here. The boat company are uninsured and unlicensed. Also, why were the blood samples from the boat driver left in a cupboard for 4 years? I’ve read quite a few stories about little Paul’s death and think that the powers that be have a lot of explaining to do. They’ve effectively stuck 2 fingers up at the family and at all future potential tourists. I don’t think I’ll consider a family holiday in the Bahamas anytime soon!
I wish the Gallagher family love, luck and strength. I think that more national and international coverage of this entire story will make people think. This will hopefully affect tourism in the Bahamas. I sense that the only way to hurt the Bahamas is through the pocket. This is a clear miscarriage of justice.
Carmen
This verdict is shocking. Something is very sadly wrong here. The boat company are uninsured and unlicensed. Also, why were the blood samples from the boat driver left in a cupboard for 4 years? I’ve read quite a few stories about little Paul’s death and think that the powers that be have a lot of explaining to do. They’ve effectively stuck 2 fingers up at the family and at all future potential tourists. I don’t think I’ll consider a family holiday in the Bahamas anytime soon!
I wish the Gallagher family love, luck and strength. I think that more national and international coverage of this entire story will make people think. This will hopefully affect tourism in the Bahamas. I sense that the only way to hurt the Bahamas is through the pocket. This is a clear miscarriage of justice.
Carmen
Posted by: Me on 9:32pm Thu 24 Apr 08
I am shocked by this. How can this be the outcome? Its clear that the driver caused the death of Paul so how could he be not guilty ?
I am shocked by this. How can this be the outcome? Its clear that the driver caused the death of Paul so how could he be not guilty ?
Posted by: Sunny, London on 3:03pm Mon 28 Apr 08
This is tragic. I really feel for the family as they need to close (mourn) this chapter of their lifes with some clarity and clearly they have not got that. Why has our Government not intervened? This poor family. I agree with Carmen, lets hope the tourist industry for Bahamas plummets. I also hope that karma turns on Portugal, another country not accepting where they have gone wrong (McCann case).
This is tragic. I really feel for the family as they need to close (mourn) this chapter of their lifes with some clarity and clearly they have not got that. Why has our Government not intervened? This poor family. I agree with Carmen, lets hope the tourist industry for Bahamas plummets. I also hope that karma turns on Portugal, another country not accepting where they have gone wrong (McCann case).
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