Three cleared over speedboat death

12 April 2012

A judge has ruled three men charged with killing a British toddler who was hit by a speedboat while sleeping on a beach in the Bahamas should be cleared.

The parents of two-year-old Paul Gallagher reacted angrily inside and outside the Supreme Court in the Bahamian capital of Nassau as judge Elliot Lockhart dismissed the case.

The little boy died from massive head injuries after the out-of-control 19ft speedboat mounted the beach in the Atlantis Resort, scattering holidaymakers and hitting the sleeping toddler in August 2002.

The jury of six women and three men cleared the boat's driver James Bain, 30, and its owners Clifford Nottage, 54, and Evangeless Williamson, 66, of manslaughter by negligence after the judge ruled there was no case to answer.

The little boy's mother Andrea Gallagher broke down in tears at the back of the court as the judge gave his ruling in the absence of the jury. Her husband, Paul, 43, stood up and shouted at Bain "Why don't you tell them the truth?".

Outside court Paul had to be held back by Andrea's brother John McGuckion as he lunged towards the three men. 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.

An inquest in the Bahamas in June 2003 recorded an accidental death, but a British coroner recorded an open verdict at a second inquest the following year and the young boy's parents pleaded with him to order further investigations.

Bromley coroner Dr Roy Palmer's verdict that there were "real doubts" over the incident, coupled with the findings of a subsequent investigation by the Metropolitan Police, led to the criminal trial almost six years after "little Paul's" death.

The court heard Bain was pulling a banana boat with the 19ft 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 the rear of the unregistered boat to help them, leaving the engine running, his foot became tangled in a rope and the speedboat headed towards the beach at "full throttle".

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