Jury decides unlawful killing in nightclub death

A JURY has found that a man who died whilst celebrating his birthday at a city nightclub was unlawfully killed.

The four-day inquest, which ended on Thursday (May 1), heard how Simon McCarthy, from Langford, Bedfordshire, was celebrating his 35th birthday at Oceana, at the Xscape when he died after an altercation with door staff on Saturday, February 24, 2007.

The jury returned a verdict that he died of injuries caused by compression of the neck during positional restraint and, that he had been unlawfully killed.

Deputy coroner Tom Osborne said he would be sending a report of the proceedings to the Security Industry Authority, responsible for training door staff nationally.

He said it had become apparent during proceedings that door staff had not been given practical training in restraint and this should be considered.

In a statement after the verdict the family's representative Robert Bedford said they are still very angry at the unnecessary loss of life of a caring father and partner.

"They are angry that Simon will never see his children grow up and that five young children have been deprived of the love and support of the father who cared for them," he said.

"The family welcome the jury's verdict today, but they know that this is just the first step on the journey to ensure that Jane and the children receive full compensation for a tragedy that should never have been allowed to happen."

Earlier in the week the inquest heard how Mr McCarthy, who was 6ft 8 inches tall and weighed 24 stone, struggled with the club's security staff and was restrained on the ground, along with his brother Mark and his brother's girlfriend.

An emotional Mark McCarthy told the inquest they were surrounded by up to 12 bouncers and felt intimidated.
He said the bouncers attacked them dragging them to the floor and pinning them down.

"They basically beat us and beat my brother to death," he claimed.

The door staff told the inquest McCarthy's group were aggressive, threw punches, kicked and bit them, and needed to be controlled.

While held on the floor face down by up to five door staff Mr McCarthy stopped breathing and efforts to resuscitate him were unsuccessful.

He was confirmed dead at Milton Keynes Hospital just after 4am.

Dr Robert Chapman, consultant pathologist, said he died of compression injuries to his neck consistent with having been held in a head lock or by a hand, though not for a prolonged period of time.

Mr McCarthy also had bruises on many parts of his body including his face, arms, chest and back.