Nicholas Cotter secures not guilty result for pub landlady prosecution

29th June 2022

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3PB's specialist regulatory law barrister Nicholas CotterNicholas CotterCall: 1999 (pictured here) with Phil Williams, of Blackfords LLP secured a not guilty result on the eve of the trial for pub landlady Mrs. Kellie McGarry who was facing prosecution by the HSE over the death of a customer.

Mrs. Kellie McGarry who ran Rosehill Tavern, where Elaine Horrocks died after falling down the cellar steps more than four years ago, was charged with failing to do business to ensure the health and safety of employees. The prosecutor told the court that the charges against Mrs. McGarry, aged 50, were no longer being prosecuted.

The Honorary Recorder of  Bolton, HHJ Martin Walsh, thereafter formally recorded “not guilty” decisions.

The pub's owners, brewery Joseph Holt Ltd, pleaded guilty to health and safety breaches and will be sentenced next month.

To instruct Nicholas, please contact his clerk, Chris Mitchell, chris.mitchell@3pb.co.uk or telephone 020 7583 8055.