Bay Roberts man’s body found

Nicholas Mercer
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The search for a missing Bay Roberts man ended early afternoon on Friday, and the outcome was a tragic one.

Andrew Lush.
— Submitted photo

Sgt. Greg Hicks of the Trinity Conception RCMP confirmed that at 12:30 p.m., members of Avalon North Wolverines search and rescue located the body of 37-year-old Andrew Lush.

The Wolverines, using a fast-rescue craft, located Lush in a body of water behind The Mariner lounge on Water Street in Bay Roberts.

The recovery, which took several hours, ended an exhaustive weeklong search.

Lush was last seen around 1 a.m. on Feb. 15 at Kelly’s Landing on Water Street in the community.

According to Andrew’s mother, Betty Lush, Kelly’s Landing was the third stop for Andrew in a night of drinking that also included stops at two other Bay Roberts bars — The Mariner and Coach House.

“It’s a strange thing that happened to him,” Betty commented Friday morning, just hours before her son’s body was recovered. At the time, she was still holding on to hope he would be found alive.

His body was found in an area of water that was not available to searchers during the initial search due to ice buildup.

However, a change in weather patterns cleared the ice from the area in recent days.

Hicks said the RCMP investigation is not finished.

“There is an autopsy being done to determine cause of death,” said Hicks.

It was a heart-wrenching week for the Lush family as they waited for answers about the disappearance of their loved one.

The search was undertaken by volunteers with the Wolverines, police and family members.

“It’s terrible,” Betty Lush said.  

There has been much speculation as to the circumstances surrounding Andrew’s departure from Kelly’s Landing, with many on social media questioning why Lush was allowed to leave the establishment without some assistance.

The bar’s owner, Donna Fowler, declined to comment when contacted.

She had been away from her business for the past several weeks, and was not working the night of Feb. 14.

However, her employees have been in contact with the RCMP and have given statements. Attempts to speak with employees who were working that night were unsuccessful.

Sources say employees did call a taxi for Lush, but that he declined.

RCMP Sgt. Greg Hicks confirmed that employees have co-operated with the investigation, but he would not comment on what information they have provided.

Betty Lush, however, believes more could have been done.

“If a drunken man says no, you still get (a taxi) for him,” she said.

Among the resources brought in for the search were a police service dog, a helicopter and a fast-rescue craft operated by the Wolverines.

 

The Compass

Organizations: RCMP, Avalon North Wolverines, Coach House

Geographic location: Bay Roberts, Water Street, Bay Roberts.The

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  • cher
    February 24, 2014 - 11:35

    I read this online I hope the family see's this, someone should be held accountable The case: Jordan House Hotel Ltd. v. Menow (1973, Supreme Court of Canada) The circumstances: Menow had a history of becoming drunk and obnoxious at the defendants hotel. He had previously been banned. After the ban was lifted, the hotel employees were instructed not to serve Menow unless he was accompanied by a responsible person. On the night of the accident, Menow arrived with two other people, both of whom who left early. From 7:00 p.m. to 10:00 p.m. Menow drank alone, becoming visibly intoxicated. When he bothered other patrons, staff ejected him. Menow was given a ride part of the way home and continued on foot, staggering along the highway, where he was hit by a car. Menow sued both the driver and the hotel. He claimed that the hotel had an obligation to take reasonable care to protect him, in his intoxicated condition, from personal injury. The decision: The Supreme Court of Canada unanimously held the hotel liable. Jordan House staff had special knowledge of Menows lack of responsibility when impaired, had violated provincial law in serving him when he was intoxicated, and had ejected him while knowing he had no safe way of getting home. The court concluded that the hotels staff should have taken steps to protect Menow. Options included allowing him to spend the night in one of their rooms, calling the police, or arranging safe transport home. Menow, the hotel and the driver were each held one-third at fault. In this landmark decision, the Supreme Court of Canada recognized that a licensed establishment owes a duty to protect intoxicated persons from injuries they may suffer after leaving the premises.