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    Is this unlawfull killing

    Bit off usual topics
    A bar manager and a barman employed by Hayes Hotel in Thurles, Co Tipperary, have pleaded not guilty to the unlawful killing an Englishman, who died from acute alcoholic poisoning at the hotel in June 2008.
    Nenagh Circuit Court heard today that the victim, Graham Parish, who was a guest at the hotel, at one stage drank between eight and ten spirits in a pint glass before slumping to the floor.
    Gary Wright, who was a bar manager at Hayes Hotel, and barman Aidan Dalton, both with addresses at Kilfithmone, Borrisoleigh, Co Tipperary, were working in the bar at Hayes Hotel on the day in question.
    Mr Parish, who was from Lancashire, was staying at the hotel, as he was working in the Thurles locality. He was joined in the bar at around 7pm by a number of others from England who knew him and were also working in the area.
    The group drank heavily that night as it was discovered it was Graham Parish's 26th birthday. At one stage, a party trick or challenge arose in which the victim said he could down a number of spirits in a glass quicker that the others could drink a half pint of lager.
    Witness Greg Bateson, who was in the group, said he saw the glass of spirits being served by the barman and was taken aback at the speed with which Graham Parish drank it.
    He drank the glass of spirits very quickly, Mr Bateson said, after which he slumped to the floor. The victim was then carried to a room upstairs, where the witness said they left him snoring.
    When Mr Parish was checked on by a night porter Philip Mahoney at around 6am the next morning, Mr Mahoney noticed the victim had vomited and could not be awoken.
    The emergency services were called, but Mr Parish was declared dead at around 7.15am. The pathology report showed he died from acute alcoholic poisoning.
    State Counsel Patrick McCarthy told the jury this was a case of manslaughter by gross negligence; negligence to a very high degree involving the likelihood of substantial risk of injury to the victim.
    Both accused men had a duty of care to the victim and both dispensed drink to him in circumstances in which they should not have done given the amount of drink already taken, Mr McCarthy said.
    The trial before a jury of six men and six women and Judge Tom Teehan is likely to continue into next week.


    :congratulatory: Clean & Sober since 13/01/2009 :congratulatory:

    Until one is committed there is always hesitant thoughts.
    I know enough to know that I don't know enough.

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    #2
    Is this unlawfull killing

    What a sad story. But an interesting case for sure.
    Not knowing any of the ppl involved, there backgrounds, the venue in question and what was said to and from both parties to eachother on the evening in question, its difficult for me to give an opinion here. But very interesting. Will keep an eye on the outcome.
    To Infinity And Beyond!!

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      #3
      Is this unlawfull killing

      And i think the blokes mates, or drinking partner's could've stepped in a bit earlier? In principle anyway. But we see this sort of drinking here in Australia too. People skolling multiple shot's of spirit's and liqueuer's. It is so ingrained in many cultures, so much so, that we consider it 'normal', acceptable, and even encourage it. The pub has a duty of care, for sure, but for me, from a community perspective, so did everyone else in that bar. Lining up shots on a bar, or in a glass will probably be banned as a result, and sadly, this young man has paid the ultimate price.

      'I am part of all that I have met, yet all experience is an arch wherethro', gleams that untravelled world whose margins fade, forever and forever when I move'

      Zen soul Warrior. Freedom today-

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        #4
        Is this unlawfull killing

        Just read in the local paper that a woman here has received a sentance of 5 years in prison because she had presciption meds in her system when she was involved in an accident which killed a child. So, we have to give a lot of thought to who we REALLY are when we get behind the wheel.
        sigpic
        Never look down on a person unless you are offering them a hand up.
        awprint: RUBY Imagine yourself doing What you love and loving What you do, Being happy From the inside Out, experiencing your Dreams wide awake, Being creative, being Unique, being you - changing things to the way YOU know they can BE - Living the Life you Always imagined.awprint:

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          #5
          Is this unlawfull killing

          This is indeed a very sad story. Each year during the Spring Hazing season at colleges in the US, we hear similar stories. Drinking games that turn deadly. When a tragedy happens, those that remain seem to need to put the "blaim" somewhere. We would hope that friends would use good judgment and see when somone else is in trouble, but rarely does this happen. We would hope that servers would cut people off at a certain point. But, at the end of the day it is the responsibility of the consumer to use good judgement. Sadly most of us know that once one has started to over indulge, good judgment and even sanity do not prevail.
          A Dream is a Wish Your Heart Makes~Cinderella

          AF 12/6/2007

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            #6
            Is this unlawfull killing

            Dont know were I stand on this one,Think its a bit harsh charging the barmen with unlawfull killing and at the same time if they were serving the unfortunate person all night they should have known it was the a very dangerous practice to be involved in.


            :congratulatory: Clean & Sober since 13/01/2009 :congratulatory:

            Until one is committed there is always hesitant thoughts.
            I know enough to know that I don't know enough.

            This signature has been typed in front of a live studio audience.

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              #7
              Is this unlawfull killing

              This is an interesting case. I think perhaps serving up a pint glass full of spirits was a bit to much, especially if he had already been drinking prior. Though we must be accountable for ourselves as well. Shouldn't the young man who passed had some idea that alcohol poisoning could occur? Tough one.

              Ive learned from experience that the greater part of our happiness or misery depends on our dispositions and not on our circumstances. -Martha Washington

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                #8
                Is this unlawfull killing

                What a sad outcome for all concerned. It is very tough and somewhat abdicating responsibility by blaming the people who served the drinks. Yes they have a duty of care as did his 'friends' but lets be realistic here the man was an adult and make his own bad choices, tragic ones in this case. I think had they of refused to serve him the whole group would have just moved on somewhere else, not like there is a shortage of pubs in Ireland and most of them are struggling to keep open so most would probably have served a large group buying lots of drinks irrelevant of their drunken condition. If we are looking to blame anyone for this unfortunate mans death it should be with a society that now appears to accept knocking back shots like they are water and the whole binge drinking culture of the younger generation. Somehow this seems to be acceptable behaviour Its a ticking time bomb imo.
                Ethanol is a toxic chemical, why would I drink it?

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                  #9
                  Is this unlawfull killing

                  K, I believe you've nailed it. This was not a case of someone being hazed, force fed AL, etc. Like Kate said, personal accountability goes out the window after a point. I have a problem with the servers being charged too. No matter where they were, unfortunately, this outcome would probably have been the same. Because the unfortunate young man and his friends were trying to impress each other with their drinking prowess. It's a repetitive story, sadly.
                  sigpic
                  Never look down on a person unless you are offering them a hand up.
                  awprint: RUBY Imagine yourself doing What you love and loving What you do, Being happy From the inside Out, experiencing your Dreams wide awake, Being creative, being Unique, being you - changing things to the way YOU know they can BE - Living the Life you Always imagined.awprint:

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                    #10
                    Is this unlawfull killing

                    (Its a bit like a catch22)

                    If i was one of those 6 jury, i would say the barman is not guilty! this goes on Everywhere drinking games, no one put his arms behind his back and force him to drink plus he is over 18yrs old..... if they want to make it a law NO drinking games in bars and pubs......
                    Formerly known as Teardrop:l
                    sober dry since 11th Jan '2010' relapse/slip on 23/7/13 working in progress ! Sober date 25/7/13 ( True learning has often followed an eclipse, a time of darkness, but with each cycle of my recovery, the light grows stronger and my vision is clearer. (AA)
                    my desire to avoid hitting bottom again was more powerful then my desire to drink !

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                      #11
                      Is this unlawfull killing

                      It's a hard one, there has been times when i have been told go home no more, your too drunk by good barmen . I have also handed over my car keys to a barman only to be handed them back when asked for 4 hours later when i was drunk and that led to an car accident that shattered my heel and a few months of work on the sick. i would never blame the barman for the accident . A case like this was always going to happen at some time and just by bring it to court will make barmen think twice. I wouldn't like to see the two men do any time over it but it should stop it happening again
                      AF 5/jan/2011

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