Up the creek! Green energy boss, 62, who launched £1.5m lawsuit against Drayton Manor Park over claims ride left him crippled must pay £200,000 in costs after pictures showed him white water RAFTING in South Africa

  • Richard Walkden sued for £1.5m over an injury suffered at Drayton Manor Park
  • He claimed it left him with pain so bad he was 'totally unable to bend his back'
  • But his damages claim was thrown out after a judge saw pictures of him on a ride
  • He was branded 'fundamentally dishonest' and ordered to pay £200k in bills A green energy boss who launched a £1.5m lawsuit against a theme park over claims a ride left him crippled must now pay £200,000 in costs after he was caught white water rafting in South Africa.

    Richard Walkden, 62, sued for the seven-figure sum, alleging that a cable car accident at Drayton Manor Park left him with pain so bad he was 'totally unable to bend his back'.

    But his damages claim against the parent company, was thrown out after a judge saw social media photos of him on a rafting expedition with his family.

    The images showed him kitted out in a buoyancy aid and helmet, sat on the edge of a raft before it set off through the rapids of the Crocodile River, near Pretoria.

    A judge found Mr Walkden - who previously worked as managing director of green energy firm, Eartheat Ltd in Leicestershire - 'fundamentally dishonest' and he was ordered to pay £200,000 in lawyers bills, with more to come on top.

    High Court judge Mrs Justice Tipples said the county court trial judge had been entitled to find that Mr Walkden's claim was dishonest as he had exaggerated his injuries.

    Images of Richard Walkden showed him kitted out in a buoyancy aid and helmet, sat on the edge of a raft before it set off through the rapids of the Crocodile River, near Pretoria

    Images of Richard Walkden showed him kitted out in a buoyancy aid and helmet, sat on the edge of a raft before it set off through the rapids of the Crocodile River, near Pretoria

    Walkden, 62, sued for the seven-figure sum, alleging that a cable car accident at Drayton Manor Park left him with pain so bad he was 'totally unable to bend his back'

    Walkden, 62, sued for the seven-figure sum, alleging that a cable car accident at Drayton Manor Park left him with pain so bad he was 'totally unable to bend his back'

    The court heard the accident happened when an operator at the Staffordshire theme park set off a cable car containing Mr Walkden and his family too quickly, causing it to swing.

    He suffered a back injury while he stood in an awkward position, trying to protect his young sons on the Easter 2014 outing.

    Suing for £1.5m, he claimed the accident had left him with chronic pain, which had put an end to his career and his beekeeping hobby.

    He was unable to bend his back at all, he claimed, and had also suffered psychiatric injuries in the traumatic event.

    Drayton Manor Park Ltd admitted liability for the accident, but disputed the size of Mr Walkden's claim and the extent of his injuries.

    Evidence showed he had gone on a white water rafting expedition on the Crocodile River, in South Africa's West Province, just eight months after the cable car incident.

    Social media photos showed Mr Walkden sat on the edge of a raft in rafting gear, while lawyers pointed at other photos which they said showed him going down the river with the rest of his party.

    Mr Walkden, who ran a renewable energy company, claimed he had not taken part in all of the activity, claiming he had only joined the party after the rapids, only paddling in calm waters.

    But giving the original judgment at Leicester County Court in March last year, Judge Murdoch dismissed his claim.

    'I do not accept that he did not do the entire trip, he is kitted up to do it, his children are in the picture and yet none of them in their evidence says that he did not do the entire trip,' he said.

    A judge found Mr Walkden 'fundamentally dishonest' and the Leicestershire father failed to overturn the finding, ordering to pay £200,000 in lawyers bills, with more to come on top

    'If I were wrong with that analysis I would find that in any event he was still required to paddle even on flat water and that would have been a hard, physical activity.

    'The raft would need to be ported in and out of the water which again would be hard physical activity. His evidence was not in my judgment credible or reliable on this issue.'

    The judge found that - although Mr Walkden would have been entitled to £17,600 compensation for the accident - he had exaggerated his injuries so much that the claim was 'fundamentally dishonest' and would be dismissed.

    Challenging the finding at the High Court, Mr Walkden's barrister Satinder Hunjan QC argued that the judge had not properly taken account of all of the evidence in Mr Walkden's favour.

    Witnesses told how he had had to give up his hobbies of cycling and beekeeping, and the only proper finding that the judge could have made was that Mr Walkden had suffered 'severe consequences' as a result of the cable car accident.

    Rejecting the appeal and upholding the dishonesty finding and Mr Walkden's six-figure bill for the case, Mrs Justice Tipples said Judge Murdoch had not ignored or failed to take into account evidence.

    The witnesses had only given evidence about their perception of how Mr Walkden presented his disability to them, she said, and Judge Murdoch had found that Mr Walkden was not 'credible' when it came to his self-presentation of injury and pain.

    'The judge had a wealth of evidence before him on these issues from lay witnesses, medical experts, contemporaneous documents and so on,' she said.

    'The judge devotes most of his judgment to summarising, and analysing all this evidence which was placed before him in relation to these issues.

    'He does so, in my view, succinctly and with considerable care and, as a result, he found that the appellant was not a credible witness, and had exaggerated his injuries.

    Mr Walkden, pictured, ran the Leicestershire-based green energy business Eartheat

    Mr Walkden, pictured, ran the Leicestershire-based green energy business Eartheat

    'It was in that context that the judge rejected the appellant's case that he was suffering from a chronic pain syndrome. The appellant did not suffer a life-changing injury as a result of the accident which meant he was unable to work.

    'There was ample evidence before the judge on which to reach this conclusion, and it is not a finding of fact which cannot be reasonably explained or justified.'

    He concluded: 'There was ample evidence before the judge to conclude that the appellant had been 'fundamentally dishonest in relation to the primary claim or related claim' and the claim should be dismissed.'

    The decision means Mr Walkden has to pay Drayton Manor's costs of defending the claim, with £200,000 up front, pending a full assessment of his final bill. 

    Lawyers say the final bill is likely to total 'several hundred thousands pounds.'

    Drayton Manor theme park fined £1million over 'systemic failures of safety' after 11-year-old girl Evha Jannath drowned on water rapids ride during school trip 

    Drayton Manor theme park's operators were fined £1million earlier this year over 'systematic failures of safety' which led to the death of an 11-year-old girl on its water rapids ride.

    Evha Jannath was 'propelled' from a vessel on the Splash Canyon ride at Drayton Manor in Staffordshire in May 2017.  

    Eva, who was visiting the park during an end-of-year school trip with friends from Jameah Girls Academy in Leicester, then plunged into a 12ft pool of water where she drowned.

    Lawyers for the Health and Safety Executive (HSE) brought a prosecution against the park for not properly ensuring the safety of its guest - saying the operators had overseen a 'systemic failures of safety' on the river rapids ride.

    Staff had flagged safety issues in an after-hours work meeting 27 days before the fatal incident, the court heard.

    It also heard there had also been four incidents in which customers been ejected from the ride between 2011 and 2013 - including a 10-year-old boy four who had to be rescued. 

    Drayton Manor Theme Park Ltd admitted breaching Section 3 of the Health and Safety at Work Act.

    But the court heard the £1million fine will never be paid, because the attraction's owner company collapsed into administration last year. The park has a new owner. 

    Mr Justice Spencer described the incident as an 'utterly tragic waste of a young life', in sentencing the now-defunct company at Stafford Crown Court today.

    And he said that no sentence could 'reflect the tragedy of this case for Evha's family'. 

    Evha Jannath drowned after she was 'propelled' from a six-seater vessel on the Splash Canyon ride at Drayton Manor Theme Park in Staffordshire in May, 2017

    Evha Jannath drowned after she was 'propelled' from a six-seater vessel on the Splash Canyon ride at Drayton Manor Theme Park in Staffordshire in May, 2017

    Aerial view of the Splash Canyon attraction at a deserted Drayton Manor theme park near Tamworth, Staffordshire, following the incident which was ruled an accident by the coroner

    Aerial view of the Splash Canyon attraction at a deserted Drayton Manor theme park near Tamworth, Staffordshire, following the incident which was ruled an accident by the coroner

    Evha, who turned 11 just four days before the accident, 'had a bright future, she was doing well at school and had said she wanted to be a teacher herself', he said.

    He added that Evha's family, including her parents and older brother, had been deeply affected, adding her mother 'is still trying to come to terms with Evha's death'.

    However, despite issuing the £1million fine, the judge said there was 'no prospect of it being paid' given the company operating Drayton Manor at the time, Drayton Manor Park Ltd, had since gone into administration.

    But he added: 'In my judgment it would be wholly inappropriate to do other than impose the fine which the offence merited.

    'The public and Evha's family must not be led to think that this serious offence, which resulted in the death of a child, can properly be met by only a nominal (financial) penalty.'

    He added: 'I bear in mind there are other similar rides in the United Kingdom, I bear in mind that this theme park has been sold to another operator and the staff transferred over.

    'It is important that lessons are learned and the seriousness of the defendant company's failing in this case is marked by an appropriate punishment.' 

    The firm's assets - including the park - were sold under a 'pre-pack sale', the court heard.

    They are currently under new ownership, with the attraction set to welcome visitors from April 12, according to its website. 

    A spokesperson for the current Drayton Park operators said: 'Drayton Manor Resort acquired the Park out of insolvency in the summer of 2020 when it was forced into insolvency due to coronavirus.

    'We are unable to comment on the outcome of the case as it involves the insolvent business, Drayton Manor Park Limited, which is no longer the owner or operator of the Park.

    'Our thoughts are with the Jannath family and all those affected by the tragedy at this time.'    

    Speaking after the hearing, HSE inspector Lyn Spooner said: 'As a result of Drayton Manor's failings, 11-year-old Evha Jannath died at the end of what should have been a fun day out.

    'The risks from ejection from the raft had been evident to Drayton Manor for some time, yet they still failed to take the action that could have prevented Evha's death.

    'This tragic event should never have happened and my thoughts and the thoughts of HSE remain with Evha's family and friends.'

    Responding to the fine, Hilary Meredith, of Hilary Meredith Solicitors - who act for Evha's parents, said: 'This is one of the saddest cases we as a firm have ever had to deal with.

    'We are well known for acting on behalf of the Armed Forces and their families but when a case involves a child on a fun day out which ends in such needless tragedy it impacts on us all.

    'Our heart goes out to Evha's family and friends.'

    Evha, 11, died after being airlifted to Birmingham Children's Hospital from Drayton Manor theme park on May 9, 2017. Pictured, the Splash Canyon Ride in a file photo

    Evha, 11, died after being airlifted to Birmingham Children's Hospital from Drayton Manor theme park on May 9, 2017. Pictured, the Splash Canyon Ride in a file photo

    At the start of a two-day sentencing hearing yesterday, James Puzey, barrister for the HSE, told the judge the accident happened 'in context of the systemic failures of safety on this ride'.

    'The control measures they had were failing every day,' he added.  

    The court heard from the park's own barrister Richard Matthews QC, who said it was 'a corporate failing'.

    Evha was ejected from the boat while standing up out of her seat.

    She later fell into 12ft of water after plunging from the conveyor belt which takes vessels to the ride exit. 

    Evha also suffered significant blunt force injuries, the court heard.

    The HSE's lawyers said there was 'inadequate' signage for those on the ride telling them to stay seated, 'inadequate training' for staff, an element of under-staffing and a lack of emergency planning.

    Mr Puzey said static ride CCTV only covered 50 per cent of the course and was 'not an effective means of monitoring the boats' or their passengers' behaviour.

    The court heard that although signs warned passengers to stay seated, people still got up - but Mr Puzey said the management of that risk was the ride operator's responsibility.

    A technical analysis found that people standing up on the ride was 'relatively frequent' and that on '9 per cent to 16 per cent' of journeys, passenger 'misbehaviour' was observed.

    Re-watching CCTV of the ride on the day of the accident, experts recorded 70 occasions of people standing up in the boats.

    The court also heard that in separate incidents between 2011 and 2013, four people plunged from boats - or ended up being swept - into what was the deepest part of the ride's course, known as the trough, which is where Evha ended up drowning.

    Although none of those falling passengers were injured, the court heard details of one involving a 10-year-old boy in August 2013 which bore similarities to the fatal incident.

    The boy was ejected from the ride at the same point as Evha and - like her - was not spotted by ride staff, instead being pulled to safety by a quick-thinking member of the public who climbed a safety rail.

    After the fatal incident, a review concluded it was 'an essential requirement' that those overseeing the water ride made sure people stayed in seats, and could 'detect and react' to passengers falling in.

    'A passenger who is in the water and is in the trough is in immediate danger from a number of immediate hazards which pose risks of death or serious injury,' it said.

    The review concluded: 'It appears that the past experience of the defendant of having people go into water but thereafter being rescued were taken as assurance this was not a high-risk situation.

    'Such an interpretation would be seriously flawed.'

    The court was told how a risk assessment from 2014 was in place but an out-of-hours meeting three weeks before Evha's death had raised concerns over public safety.

    Mr Puzey added: 'There are nine CCTV cameras that were in use at the time of this incident at various points around the ride and at the station.

    'In total, the coverage by the CCTV cameras covers around 50 per cent but these cameras provide a fixed view and do not have the ability to pan about or zoom.

    'There is a camera covering the final bend at which Evha fell from the raft.

    Evha's brother Muhammed Islam, left, arriving at the inquest into her death in November 2019

    Evha's brother Muhammed Islam, left, arriving at the inquest into her death in November 2019

    'A report from April 26, 2017, only two or three weeks before the incident records that it was recommended to improve the CCTV to improve monitoring of the ride.

    'Mr Ecclestone, the ride manager, recalls that when certain cameras broke it was decided by management that 100 per cent coverage was not required.

    'The operator on duty that day had not observed any misbehaviour therefore he had not used the PA system to make any announcements.

    'He accepted the CCTV did not cover the whole ride and he had no training in attempting a rescue on this ride and no rescue equipment on the course such as life belts and poles.

    'But the staff had a critical role to play in ensuring the safety of members of the public.

    'A further review was undertaken in April 2017 only three weeks before this incident as an opportunity for operators and attendants to discuss the ride.

    'Amongst the topics talked about in the review was the boat condition, signage and boat signage missing.

    'It was noted that there should be additional signage around the lift area advising guests to remain seated until the ride stops.

    'Issues were also discussed about the emergency stop button being relocated and viewing the CCTV was not ideal as images were poor and there was glare from the sun.

    'There were only 27 days between this meeting and the tragic incident to Evha in that short time nothing had been done to address these matters.'

    Mr Puzey said Drayton Manor 'accepts it failed to appreciate the seriousness of risk identified in this case - falling out and not being rescued'. 

    Splash Canyon has never reopened since Evha's death.

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