A mountain guide has been found guilty of manslaughter for his role in the deaths of two 18-year-old students who were killed in an avalanche in the Swiss Alps in March 2023. The guide, whose name is withheld due to Swiss privacy laws, was convicted of negligent homicide, the Swiss equivalent of manslaughter, for causing the deaths of Archie Harvey, a British schoolboy, and American student Emily Franciose.
Trial and Verdict
Archie and Emily were on a snowboarding trip to the Wellhorn mountain in Meiringen, near Bern, when they were swept away by an avalanche. The guide and a tour leader were on trial at Oberland Court. Prosecutors argued that the men breached their responsibility by taking the group to a dangerous area, despite warnings about soft and old snow and an avalanche risk level of two out of five on the day of the incident.
Evidence presented during the two-day hearing indicated that the men had chosen an "exceptionally dangerous route for the second descent," with a slope steeper than 40 degrees, which contradicted the school's safety protocols. Video footage showed that while the initial route avoided a steep section, the guide led the participants down a steeper slope during their second run.
Judge Jan Grunder stated that the mountain guide had exceeded the limits of permissible risk during the second descent, justifying the guilty verdict. The tour leader was acquitted.
Aftermath and Sentencing
Archie Harvey was a student at the £57,000-a-year Ecole d'Humanite international school in Hasliberg. His parents, Philip Harvey and Sarah Metcalfe, who reside in London and Switzerland, were described as devastated by the loss.
Emily Franciose's body was recovered several days after the avalanche. Her parents were present for the verdict. Susan Franciose, Emily's mother, stated that the legal proceedings were not about financial gain but about remembering Emily and continuing her charitable projects. She noted Emily's positive influence on others.
The convicted mountain guide, who is now unemployed, was fined 13,500 Swiss Francs and ordered to pay 20,000 Swiss Francs to each of the victims' parents. He received a two-year suspended sentence.
