American tourist, 67, suffocated after the bench he was sitting on in the Scottish Highlands tipped backwards, pinning him against a wall, court says
- Patrick McGuire was on vacation in Highlights when the incident occurred.
- The 67-year-old man sat on a heavy bench that collapsed, pinning him against a wall.
- Owners Robert and Donald MacCallum indicted after police investigation
A tourist suffocated after a heavy bench he was sitting on tipped backwards, pinning him against a wall, a court says.
American Patrick McGuire, 67, had been on holiday in the Highlands with his wife Anna and two friends.
The group, from Wisconsin, was staying at the Glengarry Castle Hotel on Loch Oich, near Fort Augustus, in April 2019.
Owners Robert and Donald MacCallum and late partner Janette MacCallum, 80, were charged following a police investigation into the tragedy.
At Inverness Sheriff’s Court yesterday they admitted to a breach of the Health and Safety Act after previously acknowledging the risk of benches sinking into the turf and becoming unstable.
The group, from Wisconsin, was staying at the Glengarry Castle Hotel on Loch Oich, near Fort Augustus, in April 2019.
American Patrick McGuire, 67, (pictured) had been on holiday in the Highlands with his wife Anna and two friends when the incident occurred.
The charges against the MacCallums said that they did not have proper inspections and maintenance to ensure that the cast iron benches were on a suitable stable hard surface.
According to court documents, Mr. McGuire reclined on the bench, which tipped back and caused him to hit his head against the wall, knocking him unconscious.
The court heard that this trapped Mr. McGuire between the 165-pound bench and the wall, causing “positional asphyxia” and his death.
Deputy District Attorney Roderick Urquhart said McGuire went outside around 10:30 pm to take pictures and smoke a cigarette. He was found after his wife woke up at 12:30 am, he noticed he had not returned and began a search.
Mr Urquhart said: “He was found lying on his back with his head touching a nearby wall, sitting on a bench.” His head was against the wall with his neck bent forward and his chin on his chest. He checked for signs of breathing and felt for a pulse…he couldn’t detect it either.
The hotel was fined £14,000 after the fine was deducted as the partners accepted full responsibility at the earliest stage.
Sheriff Gary Aitken said: “There may be less low-risk activity than sitting outside on a garden bench, taking a picture and smoking a cigarette.” It is a tragedy that this event occurred and in no sense is the grief a reflection of the value of Mr. McGuire’s life.’
