A MOUNTAINEER from York who scaled the world's highest peak has walked free from court after being cleared over the death of a fellow climber.

Jonathan Tinker, 47, of Bishopthorpe Road, had been charged with manslaughter, following the death of 22-year-old Michael Matthews on Mount Everest.

Mr Matthews, a financial dealer in London, was the youngest Briton to reach the summit of Everest when he completed the climb in May 1999. But he vanished on his descent in a 100mph blizzard.

In an unusual step, Mr Matthews' father, David, brought a private prosecution against Mr Tinker; mountain oxygen supplier Henry Todd, 61, of Nepal; mountain guide Michael Smith, 44, of Switzerland; and Yorkshire-based trekking firm Alpine Mountaineering Ltd.

They were accused of neglecting Mr Matthews, leading to his death. But a judge at London's Southwark Crown Court said individuals and organisations should not have manslaughter charges hanging "as a cloud" over their heads when things go wrong.

In a complex two-hour ruling, Judge Geoffrey Rivlin QC said that while there had been clear problems with oxygen, these did not directly contribute to Mr Matthews' death.

Judge Rivlin said: "That his death was a tragedy is in no doubt. That he was a fine, fit, athletic and gifted young man is likewise in no doubt.

"But in order for a party to be guilty of manslaughter, they must be guilty of gross negligence of a kind that shows a flagrant disregard for the safety of human life.

"I am satisfied that none of the parties involved in this case meet or come close to meeting this criteria."

Following the ruling, Mr Matthews senior, 62, said he was "shell-shocked".

He said: "We regret this judgement, but we do, of course, accept what the judge has said. We now want to take a bit of time to reflect before deciding what to do.

"I am shell-shocked. I find it puzzling that our evidence over the distribution of oxygen and the fact that Michael was left alone on the summit to die has not been reflected in this judgement."

Speaking after the hearing Mr Tinker described the years since Mr Matthews' death as "seven years of hell."

He said: "This has destroyed my life. I am just desperate to try and put my life back together."

The judge said he hoped the Matthews family would be able to get on with their lives.

"I am concerned and aware that Michael's family may get little peace from what I have ruled today.

"At least they will have heard much evidence to show that Michael's death had a profound and traumatic effect on those that knew and befriended him on the expedition."

He said: "Michael Matthews was by all accounts an exceptional young man. His exceptional achievement of climbing Everest is all the more remarkable because his young age places him in the record books.

"It is a further tragedy for his family that they will never know exactly what happened to him."