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Last Updated: Friday, 9 November 2007, 17:58 GMT
Caving inquest questions refused
Joseph Lister
Joseph went missing as his party made its way out of the caves
A caving instructor has refused to tell an inquest why he did not search for a schoolboy who became trapped and later drowned in a flooded cave.

Tony Boyle told Harrogate Magistrates' Court he could not say why he did not go back for 14-year-old Joseph Lister because it might "incriminate him".

The Tadcaster Grammar School pupil drowned in Upper Nidderdale, North Yorkshire, on 14 November 2005.

The law allows inquest witnesses to refuse to answer some questions.

'Can't answer'

Under the Coroners' Rules 1984 a witness does not have to answer any questions if he or she feels the answer may incriminate them.

Following legal advice, Mr Boyle, who was the group leader on the trip, opted not to answer some questions.

Coroner Geoff Fell asked him: "Why didn't you go back to look for Joe?"

Mr Boyle replied: "I'm sorry. I can't answer that question as it may incriminate me."

The instructor answered a number of questions about his qualifications, the weather conditions and other caving-related matters.

Technical expert

Mr Fell said he "fully accepted" Mr Boyle was within his rights not to answer some of the questions.

The caving expert read a statement to the hearing which he had given to police shortly after the tragedy.

In it, he told how he tried to grab the students and push them past him as the waters quickly rose around them.

In the darkness and cold, he said, it became confusing and he risked losing consciousness.

He said: "I managed to struggle through to the far side, regain my wits and look back."

Once on the other side it became apparent Joseph was missing. Mr Boyle told police he decided to leave the cave for the safety of the rest of the group as there was still three difficult sections to negotiate.

The trip down the 500m-long cave was run by Bewerley Park Centre, where Mr Boyle worked as the technical expert on caves.

The inquest continues.



SEE ALSO
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08 Nov 07 |  North Yorkshire
Pupil death cave 'rarely flooded'
06 Nov 07 |  North Yorkshire
Fatal trip cave 'prone to floods'
05 Nov 07 |  North Yorkshire
No charges after boy's cave death
13 Dec 06 |  North Yorkshire
Silent tribute for cave death boy
14 Nov 06 |  North Yorkshire
School trips in the spotlight
15 Nov 05 |  Education

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