'combination of factors' may have led to death jack barnes, trial told

MATTHEW SELLERS, STEPHEN ROWLANDS, PAUL FOGARTY AND BRIAN GARTSIDE DENY THE MANSLAUGHTER OF JACK BARNES 13:03, 01 Feb 2025Updated 13:05, 01 Feb 2025 A manslaughter trial has been told a

'combination of factors' may have led to the death of a man jurors have heard was chased and pinned down by Metrolink-contracted staff. The trial has previously been told Jack

Barnes, 29, repeatedly told the four men as he was restrained: "I can't breathe." He suffered a cardiac arrest and died several weeks later in hospital, jurors have heard.

Four men are on trial at Liverpool Crown Court accused of his unlawful killing. Matthew Sellers, 30, of Heathfield Road, Bury; Stephen Rowlands, 68, of Wearish Lane, Westhoughton; Paul

Fogarty, 51, of Monks Lane, Bolton and Brian Gartside, 50, of Lime Grove, Ramsbottom, Bury all deny manslaughter. Mr Rowlands - the supervisor of the other defendants - also denies a charge

of attempting to pervert the course of justice by making a false witness statement. On Friday (January 31) forensic pathologist Dr Ashley Fegan-Earl told the court that in his opinion, heart

disease could be dismissed as playing any part in Mr Barnes' death. Mr Barnes, from Hull, had been smoking Spice from a bong with other young men the the night of the incident -

October 11, 2016 - jurors were told in evidence from a toxicologist. Dr Fegan-Earl said Spice should be included 'as one of the vulnerabilities that may play a part in his death'.

Further questioned, he said: "We have to look at the whole combination of factors that have ultimately caused a cardiac arrest." Article continues below Jason Pitter, KC,

prosecuting, told the court the defendants ignored a 'walk away' policy, which stated staff should not follow people from stations. The jury heard they chased Mr Barnes and that he

was unlawfully restrained following an earlier incident. "There are aspects of the restraint that demonstrates the real purpose and intent of the defendants," he told the jury.

"Revenge, punishment and exerting a perceived authority but not to effect a lawful arrest." The court has heard Mr Barnes was among a group travelling on and around the Manchester

tram network, causing problems and taking Spice. "They were misbehaving including aggressive confrontation with members of staff on the Metrolink," Mr Pitter has told the court.

"So it is accepted that there may have been a proper basis for some interaction with Jack Barnes and his group." At around 11.30 pm, Mr Barnes and a friend ran away following a

confrontation with staff and were pursued for about nine minutes through the city centre ending by the Australasia Bar on Deansgate, the jury has heard. Mr Barnes, the court has heard, was

then pinned to the ground for a further nine minutes. Prosecutor allege Mr Rowlands told him: "We're gonna put you out now pal, right. If you struggle I will put you to sleep. It

won't kill you... it won't kill you, but you will go to sleep for a while." Mr Barnes died on December 2. Mr Pitter has told the jury the prosecution has to prove the

restraint was intentional and unlawful - and that any reasonable person would realise it was bound to subject him to the risk of physical harm. They also have to prove the restraint was a

significant cause of death, he added. The court has heard various possible factors may have led to Mr Barnes' death, including exhaustion following the pursuit; drug toxicity; the

restraint procedure; and his struggling against it. Quizzed by Fiona Horlick, KC, defending Mr Rowlands, Dr Fegan-Earl agreed he could not say whether it was one factor or a combination of

factors that led to Mr Barnes' death. The pathologist agreed with Mr Pitter that factors that de-stabilised Mr Barnes' heart, leading to cardiac arrest, included the

'physiological and psychological' effect of being restrained and his struggling against it. He said he had considered muscle exhaustion; lactic acid; and acidification of the blood

after the alleged chase - and the potential for Spice to cause a sudden cardiac arrest. He said the drug did not generally cause a large number of deaths compared to cocaine and heroin. Dr

Fegan-Earl said the chase and Spice did not cause Mr Barnes' death, but may have made him 'more vulnerable to physiological and psychological stress', adding: "It is a

combination of all these factors that come together to destabilise the heart." Article continues below Proceeding