Man Dies After Drinking Too Much. Bar Staff Charged With Manslaughter.
By Bock
May 5th, 2011 | | Category: CrimeTags: binge drinking, Graham ParishThe offence of Manslaughter due to gross negligence is not one I’m familiar with, but two hotel staff currently find themselves on trial facing this charge.
Back in 2008, a young Englishman, Graham Parish, who had arrived in Ireland the same day, was celebrating his 26th birthday along with his colleagues from Yorkshire. They were all working on an engineering installation at Dew Valley Foods in Thurles and decided to go out on the town to help Graham enjoy his big day.
Unfortunately, the celebration turned into a drinking contest. Somebody put a vodka in his pint and he drank the lot down. Somebody else put a double in his next pint, which he swallowed. Eventually, the young man issued a challenge to his pals : he’d drink ten shots of spirits faster than they could throw back a single pint.
Game on.
After checking with his manager Gary Wright, barman Aidan Dalton of the Hayes Hotel in Thurles served Graham Parish a large glass containing eight shots of liquor and he threw it back in one go before slipping off his stool unconscious.
He was later found dead due to acute alcohol poisoning and now the two bar staff are on trial for manslaughter.
I can’t express any view on the court case, but I think I know what the test of their guilt will be. If they knew that their actions were likely to cause his death, and if they were reckless as to the consequences, they’ll be found guilty. Otherwise, they must be acquitted.
As far as I know, none of Gary’s companions, who encouraged him to drink dangerous quantities of alcohol, were charged with any offence, which seems surprising.
If the staff are convicted, I wonder if there will be other implications. For example, if a drunken driver kills someone on the road, will the people who served him be charged with manslaughter?
The ramifications of this case will be interesting.
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Who are the guilty parties here?
10 comments:
Rhe whole point about being an employee of a licensed establishment is that you are a "Responsible Person". As such you have a duty towards your patrons to engage in the responsible serving of alcohol. It's not rocket science: put 8 shots in one glass and one will get completely fershnickered. Put 8 shots into a person who is already noticeably drunk, and you are not only asking for trouble, you are engaging in the Irresponsible serving of alcohol.
I've had this bee in my bonnet for a long time now. There does come a point at which the bar staff ARE responsible for the behaviour of their patrons, even where that results in a death due to DUI. The friends have no such duty of care: they aren't licensed and aren't under any legal obligation whatsoever. Morally it is a different story of course, but we all know the law is not interested in morals.
Strange. I'm nearly certain I read this somewhere else.
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