A Lake District company director has appeared in court accused of flouting health and safety law following the death of a man injured at an adventure centre.
Carl O’Keeffe, 49, of Lancaster, died at Carlisle’s Cumberland Infirmary several days after being seriously injured at Kong Adventure in Keswick.
Mr O’Keeffe had been at the centre on Saturday April 22 2023 for the birthday party of a family member.
He was reported to have become trapped in a narrow tunnel for several hours before being released by mountain rescue volunteers, caving experts and firefighters.
Climbing wall staff, helped by visiting climbers, had dismantled sections of the climbing wall to aid access to tunnels hidden behind the wall panels.
An inquest into Mr O’Keeffe’s death was formally opened in May 2023, by a Cumbria coroner.
An investigation was launched by Cumbria police and Cumberland Council, which has brought a prosecution and two charges against King Kong Climbing Centre Limited and 63-year-old director Paul Cornforth.
The company faces one charge which alleges that it failed to discharge a duty under the Health and Safety at Work etc Act 1974.
This charge specifically alleges that the business — on or before April 22 2023 — being an employer within the meaning of health and safety legislation, failed to conduct its undertaking for the indoor caving experience at Kong Adventure Centre.
It is alleged to have done so in such a way as to ensure, so far as was reasonably practicable, that persons not in its employment who may have been affected — including Mr O’Keeffe — were not exposed to risks to their health and safety.
Cornforth faces a separate charge of failing to discharge a duty brought as part of the same prosecution.
This alleges that the company committed an offence within the consent or connivance — or was attributable to the neglect — of Paul Cornforth, an officer of King Kong Climbing Centre Limited.
Cornforth, whose address was given as Threlkeld Quarry, Threlkeld, near Keswick, was present at Carlisle Crown Court this afternoon.
During a 10-minute hearing, he listened as discussions were held with barristers in the case — Alex Stein for the prosecution and Tom Gent for the defence.
No pleas were entered to the two charges after Judge Nicholas Barker said he was aware of an application to move the case out of Cumbria.
This was due to Cornforth’s association with people working at the Carlisle court centre.
Judge Barker formally directed that it should be moved to Newcastle Crown Court, where the court proceedings will continue.
A date for the next hearing was provisionally set for next week.
“At the moment, prepare yourself for a hearing on May 6, the judge told Cornforth, who remains on unconditional bail.”
In a tribute posted on Facebook, his sister, Olivia Short said she loved him dearly. She added: “He was my baby brother and over the last few years became my best friend. I also got to spend alternate weekends with him and his children. I’m broken-hearted, as are the rest of our family.”
In another tribute, his family said: “Carl was a devoted parent and he will leave a huge hole in their lives.
“He was a strong advocate for the neurodiverse community. He taught people to learn what adjustments they needed in life and to not only accept them but to live them.
“He was often seen in dark glasses and a fedora hat as he was photophobic. He had a brilliant mind and was in the process of applying to start an astrophysics PhD.
“He was fascinated by solar storms and had been predicting the one that happened this week while he slept. He spent years having the NASA Hubble photos tattooed on to his arm.”
In a statement following the incident, Kong Adventure Centre said: “All the staff at Kong Adventure are shocked and saddened to hear this terrible news. Our thoughts at this time are with the family, friends and everyone involved.”
- Health and safety legislation sets out duties which employers have towards employees and members of the public
