A FATHER’S quest to learn how his son vanished after becoming the youngest Briton to conquer Everest ended yesterday in bitter failure when a judge cleared three mountaineers of any blame for his death.

David Matthews, 62, a millionaire former amateur racing driver, faces paying the entire six-figure costs of his legal battle to punish those he held responsible for the death of Michael, 22. He hung his head for much of the two hours that Judge Geoffrey Rivlin, QC, took to deliver a complicated judgment that exonerated the three for the loss of the adventurer in 100mph blizzards.

Michael Matthews, a City financier, had last spoken with his father from a telephone at base camp after spending $50,000 (£27,000) to join an mission run by Out There Trekking. “He told me I would never believe the shambles of the expedition,” David Matthews told The Times after the hearing.

Mr Matthews reached the 29,034ft summit on May 13, 1999, but disappeared as he headed back down. His family became concerned at apparent discrepancies in the account given by Out There Trekking as they learnt from fellow climbers about problems with unreliable oxygen supplies.

Researching the background of Henry Todd, 61, the apparent supplier, they were shocked to learn that he had once been convicted for his role in distributing the products of Britain’s biggest LSD factory.

The police declined to investigate the death; there was no body and the events had happened a long way away. A coroner decided to wait the statutory seven years before considering opening an inquest.

The family ploughed on, accumulating 130 boxes of evidence. First, they launched a private civil action, which was settled out of court. Then they embarked on a private prosecution for manslaughter. In the dock with Mr Todd were Jonathan Tinker, 47, a mountaineering expert, and Michael Smith, 44, an experienced guide.

Mr Matthews climbed at the same speed as David Rodney, a Canadian who was filming the attempt. Mr Rodney complained about the problems with the oxygen system. He filmed himself saying: “There are quite a few concerns regarding the amount of oxygen, the regulators and masks, but we let the guys worry about that. That’s what we pay them the big bucks for.”

Mr Matthews was in high spirits. He did not show signs of weakness until a slowing of pace during the push for the summit, Southwark Crown Court was told. He and his guide, Mr Smith, were the last of the group to reach the top, by which time the weather had worsened.

During the descent, the fixed ropes used by the pair became stuck in snow. Mr Smith went to free them and lost contact with his companion. Mr Matthews was never seen again.

The “law should not inhibit adventure”, the judge said yesterday. It was vital that individuals and organisations should not have manslaughter charges hanging as a cloud over them when things go wrong.

Throwing out the case, he said of Mr Smith: “He put his own life at risk in waiting for Michael and to think that he could be in a criminal court facing a charge of manslaughter is intolerable. If ever there is a case to be emphatically dismissed, this is it.”

The judge said that, although there was evidence that there had been a problem with the supply and distribution of oxygen, there was no evidence that it had contributed to the death.

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