Covid: Isle of Man sea swimmer did not break laws on gathering

Ian Kirk was arrested near Laxey beach during the Isle of Man's third lockdown

A man accused of breaching the Isle of Man's Covid laws by swimming in the sea with others has been found not guilty after a trial.

Ian Kirk, of Pinfold Hill, denied taking part in a gathering on Laxey Beach during lockdown on 25 March 2021.

The 36-year-old argued although there were people he knew present, he had not invited them and they did not interact.

High Bailiff Jayne Hughes ruled his actions did not constitute a gathering under the Covid regulations.

Douglas Courthouse heard police went to the beach on 24 March after a report of between 15 and 20 people from "multiple households" swimming in the sea together.

When officers arrived they told several people, including Mr Kirk, to go home.

Arrest

The self-employed wellness coach later posted a video on social media stating he would return to the beach the following day to practice cold water therapy at about 06:00.

Police bodycam footage from 25 March showed him entering the water alone, before others followed at a distance, copying his actions.

The court heard some of those at the beach became confrontational with officers and Mr Kirk was arrested after returning to his van.

Prosecutors argued he had been warned the previous day that his actions were in breach of the Covid regulations.

Mr Kirk said there was "no way" he would have posted the video or returned to the beach if he had been issued a formal police warning.

Acquitting him, Mrs Hughes said she was not satisfied the events amounted to a gathering under the regulations as Tynwald intended them.

However, she said police were justified in arresting him to diffuse the situation, and their efforts during lockdown should be "applauded not condemned".