ERROR and misjudgement on the part of a solo kayak instructor led to the death of a much-loved former soldier in turbulent waters on a tricky stretch of the River Tees, a court heard.

Kayak trainee Andrew Pullan was pulled under the water after capsizing at Whorlton Lido, on the Tees, near Barnard Castle, County Durham, on October 26, 2014.

Durham Crown Court heard that despite the “heroic” efforts of instructor Christopher Hackett in trying to rescue Mr Pullan, he was eventually brought from the river unconscious.

He was taken to James Cook University Hospital, in Middlesbrough, but the death of the 47-year-old father-of-two, from Barnard Castle, was confirmed the following day.

A pathologist concluded his death was caused by drowning.

The court was told that during 27 years in the Army, Mr Pullan saw service in Iraq and Afghanistan, commanded the 3rd Battalion of The Yorkshire Regiment, and reached the rank of colonel, but turned down promotion which would have seen him elevated to become a brigadier.

Having made a successful start to civilian professional life with an international security company, he returned from Iraq for a three-week holiday only days before the river excursion.

He went on the pre-planned training exercise with brother-in-law Simon Thayer, under the guidance of Mr Hackett, earlier that day.

But after capsizing further up river several times earlier in the exercise, Mr Thayer abandoned the expedition and chose to follow his brother-in-law and Mr Hackett down river by nearby roads.

Robert Woodcock, prosecuting, said an expert assessed that in the conditions, and, given his level of experience, Mr Pullan was, “going to find it a tricky traverse”, passing Tomb Stone Rock and associated rapids, in the conditions that day at the lido.

Although praised for his rescue efforts, Hackett, a 27-year-old British Canoe Union-qualified instructor, of Greenmount Road, Darlington, admitted breach of duty as a self-employed person in exposing someone to risk and failing to make a suitable risk assessment.

Jason Beer, mitigating, said Hackett mistakenly believed his trainees that day were more experienced kayakers.

Mr Beer said Mr Hackett tried, “to the best of his ability”, to safeguard his clients that day, but accepted, by his basis of plea, “it was a case of error and misjudgement”.

“That’s what a sober and objective assessment leads to,” added Mr Beer.

Mr Pullan’s widow, Melanie, described her husband as, “my rock, my compass, my best friend.”

Reading from her victim statement, she said: “He was a wonderful father and took an active interest in the raising of our two children.

“He had a generous spirit and an open heart.”

But she told the court: “Andy took hundreds of soldiers into some of the most hostile environments in the world and they all came home without as much as a scratch.

“It is a cruel irony that his life ended because the kayaking instructor had no regard for doing the right thing and did not think about potential negative consequences.”

Judge Christopher Prince said he was, “acutely conscious” that the sentence was restricted in this case to, “a very limited range”.

But he said he hoped “lessons could be learned” from the case which may help save lives in future.

Judge Prince imposed a £750 fine and ordered Hackett to pay £1,000 costs.