THE father of the youngest Briton to reach the summit of Mount Everest began a private prosecution yesterday for unlawful killing against the organisers of the expedition from which his son failed to return.

A judge issued summonses against three men and a climbing company for personal and corporate manslaughter on the ground of alleged lack of care towards Michael Matthews, 22, who disappeared in a 100mph blizzard six years ago.

Mr Matthews, a financial dealer in the City of London, has been presumed dead since vanishing as he descended the 29,034ft mountain during a tour with the British firm Out There Trekking.

Summonses were issued yesterday against Jonathan Tinker, an Everest and mountaineering expert from York; Henry Todd, a mountain oxygen supplier whose address cannot be disclosed for legal reasons; and Michael Smith, a mountain guide from Argentière, France.

A summons was also issued against Out There Trekking (OTT), of Sheffield, which has gone into liquidation.

The prosecution was brought by the missing climber’s father David, 62, a millionaire property investor and former amateur racing driver who lives with his wife, Jane, on St Barthélemy in the French West Indies.

Allegations about how Mr Matthews met his death after conquering the world’s highest peak at about midday on May 13, 1999, were contained in bundles of paper on a table at York Magistrates’ Court yesterday.

For four hours District Judge Walker listened to arguments from James Lewis, QC, for David Matthews, and Stephen Gilchrist, of Saunders Solicitors, representing Mr Todd and Mr Tinker.

Mr Gilchrist told the court: “These allegations are denied and there is an answer to each and every one of them.” Mr Todd was the only defendant to attend the hearing.

District Judge Walker adjourned the case until February 7 and imposed reporting restrictions.

Individuals have the right to bring prosecutions in the criminal courts but these powers are rarely invoked. Apart from the Crown Prosecution Service, it is usually left to organisations such as the Health and Safety Executive, or campaigning charities such as the RSPCA to initiate actions for alleged crimes.

Matters may be sent to a Crown Court for jury trial and the Director of Public Prosecutions has the right to take over the handling of a case.

Although Mr Matthews apparently died in the Himalayas, English courts have jurisdiction over the deaths of Britons wherever they occur. There is no formal time limit for prosecutions for unlawful killing.

Mr Matthews, a former student at Uppingham School, began climbing while on a Duke of Edinburgh Award programme. After school he rejected university for a career in finance.

He began trading equity options in his teens and was described by his employer, Nordic Options, as their best trader and an “exceptional guy”. He had two brothers and a sister.

OTT reportedly charged £25,000 for an expedition. The company changed its name to Alpine Mountaineering but went into liquidation and is being dissolved and removed from the Companies Register.

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