Matthew Doubtfire has been cleared of one count of manslaughter
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A jury has been discharged after failing to reach a majority verdict in the case of a caving instructor accused of the manslaughter of an army recruit in an underground cave pool.
On Thursday the jury at Swansea Crown Court cleared Matthew Doubtfire, 33, of a charge of manslaughter through gross neglect and had resumed deliberations on Friday morning, but failed to reach a decision.
Mr Doubtfire from Monmouth, south Wales, was accused of the death of 17-year-old Kevin Sharman from Marlpool, Derbyshire, who drowned while on a training course in the Brecon Beacons in July 2002.
He was among a group of 11 trainees on the first day of an adventure training course at one of Wales' most dangerous underground pool at the Porth-yr-Ogof cave complex in the Neath Valley.
The jury had heard how the teenage recruit, who was a non-swimmer, panicked and drowned after being led out of his depth while in the watery underground passageways.
Mr Doubtfire, who led the group through the seven-metre deep Resurgence pool, said he had never before been to the pool which, the court heard, had claimed the lives of other cavers.
The jury heard that Kevin Sharman could not swim
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Mr Doubtfire did not give evidence himself, but his defence counsel said he had taken a wrong entrance into the cave and unwittingly led the group into danger.
When the trial began seven weeks ago, he denied a charge of manslaughter through gross negligence. That charge was later split into variations: One of manslaughter through gross negligence - that he deliberately and knowingly lead the recruits into the cave's notorious pool; the other of manslaughter - that he did so mistakenly.
Found not guilty of the former, on Friday jurors said they could not reach a verdict on the second count after being given a direction to consider a majority verdict by Justice Roderick Evans.
As a result he said he had no choice but to discharge them.
The case has been adjourned until Monday when it is expected the Crown Prosecution Service will announce if it intends to see a new trial or drop the outstanding charge.
Mr Doubtfire has been released on unconditional bail and ordered to attended the hearing.