A DOORMAN was cleared today of murdering retired racecourse worker William Smith outside Yates's Wine Lodge in York.

Paul Garner walked free from York Crown Court after he was also acquitted of manslaughter. Both verdicts were unanimous.

He was almost in tears as he embraced friends and supporters, some of whom had sat through the entire eight-day trial.

He had previously held his hands together in prayer and said "Thank You" to the jury as they brought in their verdicts, and then had to be assisted by officers in leaving the dock.

Mr Smith, 62, of Cemetery Road, York, died four days after an incident outside the bar off, Low Ousegate, on Good Friday.

Mr Garner, 60, of Chaloners Road, Dringhouses, always maintained that his head and Mr Smith's head collided accidentally as he was helping his colleague, head doorman Philip Kendall, deal with Mr Smith and his friend Victor Hodge of Barking.

The pair had been refused entry to Yates because they were drunk.

Mr Garner made no comment as he left court.

Mr Smith's sister, Carol Taylor, of Dagenham, speaking on behalf of all his family, said they accepted the jury's decision and now wanted to "rebuild their lives".

She said: "The trial has drawn a kind of line under this tragic affair and I do not want to dwell on the trial or what happened in York.

"Billy was always a very positive person and we think he would want us all to try and put the pieces together and get on with our lives.

"Billy was a wonderful man. Generous, caring, fun, happy, kind and loving. The way he was idolised by all the family's children tells it all.

"We want to thank all the family and friends who are supporting us through this, and the police, the barristers at court and especially the staff at York Hospital and Leeds General Infirmary."

Mr Garner had spent the last three nights in jail as the judge, the Honorary Recorder of York, Judge Paul Hoffman, had refused him bail just before he started summing up.

The jury were out for five hours and ten minutes of court time before reaching their verdicts.

Mr Garner won a commendation from then Superintendent Gary Barnett in May 1999 for the way he handled an event.

His ex-partner, Susan Bowden, a shop manager of Huntington, gave the jury a character reference for him, praising his work in pubs and bars and saying she had never known him lose his temper.

A friend, David Black, a businessman in the security field, described him as a "gentle giant."

Mr Garner retired from door-keeping after 14 years in the business when he reached 60.

Updated: 13:52 Thursday, November 20, 2003