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Doormen Accused Of Unlawfully Killing Clubber

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Published by the Pirate FM News Team at 7:04am 8th October 2014

A 48-year-old man died on a Newquay pavement in a pool of his own blood after being restrained by four door staff from a club, a court has heard.

Keen angler Michael ‘Mick’ Kearns died during a night out on April 27, 2013.

At Truro Crown Court on Tuesday, Lewis Bowns, 26, Richard Favetta, 30, Ian Harold, 45, and Graham Lutey, 34, went on trial accused of unlawfully killing him.

Opening the case to the jury, Simon Laws, QC, for the Crown Prosecution Service, said there was not really any doubt that what the four men had done in the early hours of that morning had killed him.

He said: “Your task in the course of this case will be to decide whether what they did was criminal or, whether as they say, it was not.”

Mr Laws said Mr Kearns had been inside Sailor’s with friends prior to the incident and that he had assaulted a man with a stool, which led to him being ejected from the club.

Bowns, of Lewarne Road, Newquay, Favetta, of Penmere Road, Newquay, Harold, of Fernhill Road, Newquay and Lutey, of Summercourt, are accused of unlawfully killing Mr Kearns by gross negligence in that having restrained him on the ground and held him there against his will they owed a duty of care to him.

They are accused of being in breach of that duty of care by failing to ensure that Mr Kearns could breathe; that breach of duty amounted to gross negligence and that that negligence was a substantial cause of the death of Mr Kearns.

They are also all accused of a second, alternative charge of manslaughter, having unlawfully killed Mr Kearns.

All four deny the charges.

Mr Laws said in interview each told officers that Mr Kearns had been putting up a struggle on the ground and that police took too long to arrive, having been called following the assault inside the club..

The trial, which is expected to last up to four weeks, continues.

You can read more about the case here.

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