A MAN who led a fatal kayaking expedition on the River Tees has appeared in court.

Andrew Pullan was pulled under the water at Whorlton Lido, near Barnard Castle, after his canoe capsized on the afternoon of Saturday, October 26, 2013.

The 47-year-old was flown by air ambulance to James Cook University Hospital, in Middlesbrough, but died the following morning.

His instructor, Christopher Hackett, appeared at Darlington Magistrates’ Court today (Wednesday, July 29) charged with four counts of breaching his duty as a self employed person under the Health and Safety at Work Act 1974.

It is alleged that Mr Hackett exposed Mr Pullan to risks to his health and safety, that he failed to provide information on hazards in the River Tees, that he failed to make a suitable risk assessment, and that he failed to review his risk assessment after experiencing the conditions on the river at the time.

The smartly-dressed 26-year-old, of Greenmount Road, Darlington, did not enter any pleas and spoke only to confirm his name and address.

Christopher McKee, prosecuting, told the court: “It is the prosecution’s position that this is a matter best dealt with at the crown court.”

Magistrates agreed and declined jurisdiction before committing the case to Durham Crown Court.

They granted Mr Hackett unconditional bail ahead of the hearing next month.

Mr Hackett was leading a kayaking trip on the River Tees with Mr Pullan and his brother-in-law when the tragedy occurred.

However Mr Pullan’s brother-in-law decided to abandon the trip after capsizing, leaving Mr Pullan and Mr Hackett to continue down the river.

The pair then hit a series of rapids and a waterfall where Mr Pullan got into difficulty.

Mr Pullan lived in Barnard Castle and had commanded the 3rd Battalion The Yorkshire Regiment between 2006 and 2008.

He had recently retired from the Army and leaves behind his widow, Melanie - who sat in the public gallery during the court hearing – and two children Ben and Hannah.