A bar manager and a barman accused of the unlawful killing of an English man at a hotel in Thurles in June 2008 have been found not guilty by direction of Judge Tom Teehan.
The case was the first of its kind under new alcohol liability laws.
The trial of 34-year-old Gary Wright and 28-year-old Aidan Dalton, who worked at Hayes Hotel in Thurles, Co Tipperary, had heard that victim Graham Parish drank a cocktail of eight to ten spirits in one go that night.
He later died from alcohol poisoning.
Mr Dalton served the drink and the service was cleared by Gary Wright.
Having considered legal argument made by the defence, the judge today directed the jury to find both men not guilty.
He said there was a high level of personal responsibility in relation to drink.
Mr Parish, he said, took the decision to consume the drink and that was a supervening event that broke the chain of causation in relation to the two defendants.
Therefore, no jury could safely bring in a verdict of guilty on either man and he directed the jury to find them not guilty.
Afterwards, both Mr Wright and Mr Dalton spoke through their solicitor.
They said they were very relieved the case was over, as it had been a very stressful and difficult time for them.
The family of Mr Parish said in a statement that he had brought much happiness to his family and he was greatly missed.
They described him as very sociable who liked to enjoy himself. On the night of his death he was not only celebrating his birthday, but also the recent birth of his son.
Since becoming a father, he rarely drank and had restructured his work in order to spend more time with his family.
Unfortunately, this rare opportunity to 'let his hair down' resulted in his death, they said.
They hoped the case highlights the dangers of drink and if it can prevent more deaths then their son's death will not have been in vain
The case was the first of its kind under new alcohol liability laws.
The trial of 34-year-old Gary Wright and 28-year-old Aidan Dalton, who worked at Hayes Hotel in Thurles, Co Tipperary, had heard that victim Graham Parish drank a cocktail of eight to ten spirits in one go that night.
He later died from alcohol poisoning.
Mr Dalton served the drink and the service was cleared by Gary Wright.
Having considered legal argument made by the defence, the judge today directed the jury to find both men not guilty.
He said there was a high level of personal responsibility in relation to drink.
Mr Parish, he said, took the decision to consume the drink and that was a supervening event that broke the chain of causation in relation to the two defendants.
Therefore, no jury could safely bring in a verdict of guilty on either man and he directed the jury to find them not guilty.
Afterwards, both Mr Wright and Mr Dalton spoke through their solicitor.
They said they were very relieved the case was over, as it had been a very stressful and difficult time for them.
The family of Mr Parish said in a statement that he had brought much happiness to his family and he was greatly missed.
They described him as very sociable who liked to enjoy himself. On the night of his death he was not only celebrating his birthday, but also the recent birth of his son.
Since becoming a father, he rarely drank and had restructured his work in order to spend more time with his family.
Unfortunately, this rare opportunity to 'let his hair down' resulted in his death, they said.
They hoped the case highlights the dangers of drink and if it can prevent more deaths then their son's death will not have been in vain
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