Shall I throw him overboard? What British father-of-two asked before 'grabbing Irishman by the knees and hurling him into sea from cruise ship' Kitchen fitter Darren Sapstead, from Chelmsford, Essex, denies pushing Garry Walton, from County Waterford, from a boat off the coast of Tenerife Trial taken 17 years to reach court after originally being treated as accidental Mr Walton's father Garry said outside court family been treated like 'dirt' by Spanish authorities and only found out about trial by chance By Gerrard Couzens A British dad-of-two went on trial in Spain today over the holiday drowning of an Irishman 16 years ago. Kitchen fitter Darren Sapstead, from Chelsmford, Essex, faced a jury accused of pushing Garry Walton to his death during a pleasure boat booze cruise in November 1996. Garry, 21, from Tooreneena near Dungarvan, County Waterford, died after falling from a boat called Albatros off the Tenerife resort of Playa de Las Americas in an incident originally written off by Spanish police as an accident. Trial: Darren Sapstead, left, denies pushing Garry Walton, right, to his death over the side of a pleasure boat in Tenerife 1996. The trial began on Monday, 17 years after Mr Walton died State prosecutor Deborah Padilla, calling for Mr Sapstead to be jailed for 12 years if convicted of killing the apprentice builder, said: 'Towards the end of the trip as the boat neared port and the defendant was with a young girl at the stern, Garry stumbled drunkenly towards them. 'The defendant said to the girl, "Shall I throw him overboard?" and then, without giving the girl time to reply and with the clear intention of ending Garry's life, he bent down, grabbed Garry by his legs at knee-height, stood back up and threw him over the side, fully conscious of his state of drunkenness. All this occurred in a matter of seconds, without Garry being able to act. Blaming the delays in getting the case to trial partly on the fact a British eye witness only started incriminating Mr Sapstead a year after Garry's death, she said: 'This has been a long process but bearing in the mind the difficulties we have had I believe this has been an example of perseverance in the face of a serious crime which could not be forgotten. 'This wasn't just any day, it was the day on which a boy aged just 21 died.' Garry's campaigning parents Robert and Catherine were among those in court. They held hands as lawyers for both sides put forward their versions of the last moments of their son's life on November 7 1996. His body was found by another vessel two hours later. The state prosecutor said Garry, who was enjoying his first sunshine holiday, was in a 'serious state of ethylic intoxication' after an afternoon of drinking games on board Albatros and was unable to react to Mr Sapstead's 'sudden and surprise attack.' Garry Walton died after falling from the Albatros off the coast of Tenerife, pictured Defence lawyer Carlos Valenciano told the jury of five men and four women his client had sought to save the dying man after an 'unfortunate accident.' He said the court would hear from a single 'contradictory' eye witness now claiming his client pushed Garry after giving five statements in Spain and the UK insisting she saw him fall and Mr Sapstead was the only person who threw the drowning man a life ring and try to jump in the sea to help him. He told the court: 'We're not here today because of the prosecution's perseverance. 'We're here today because of an obstinacy I would say was cruel. 'In my opinion, Mr Walton's death was a tragic accident, not the work of another person and certainly not the result of Darren Sapstead's actions.' Mr Sapstead returned to Spain voluntarily to stand trial. 'We're also disgusted it's taken so long. It's inexplicable. We've been treated like dirt by the Spanish authorities. My son deserved better than this. Garry Walton's father Robert He was extradited to Spain in 2005 after a botched Spanish police investigation which saw just five of the 45 British and Irish tourists on the booze cruise questioned in the aftermath of Mr Walton's death. An investigating judge charged him with homicide after having him extradited from Britain in 2006 - and then allowed him to return to the UK on bail pending a full probe. Homicide, a charge that does not exist in English law, is a halfway house between manslaughter and the more serious charge of murder which in Spain is a wilful killing which must also be premeditated. Mr Sapstead, protesting his innocence from the witness stand during cross-examination, told the court: 'It wasn't me that threw Garry overboard. I was the only person that went to help him. I threw a life ring to him and I was taking my shoes and T-shirt off to jump in after him when the guy arranging the party games stopped me. Asked by the state prosecutor why he thought Katie Smethurst, one of two sisters on board Albatross due to give evidence against him tomorrow, is now accusing him of pushing the dead man, he said: 'It's something I want to find out as much as you do. I don't know either.' Blaming inconsistencies in some of his statements on poor translators, he added: 'The translator I had in Madrid after I was extradited was Chinese and didn't speak proper English or Spanish. She just nodded her head a lot. The duty lawyer they gave me was drunk. Mr Sapstead has voluntarily returned to stand trial on homicide charges in Tenerife Mr Sapstead's trial followed an exhaustive 16-year-campaign by Garry's builder father Robert, 60, and his Irish mother Catherine, 59, to get answers to his death. They had to exhume his body 10 months after his burial when evidence came to light casting doubt on the original ruling his death was an accident. An investigating judge in Tenerife shelved the case against Mr Sapstead three times - only to bring charges against him after repeated appeals by the couple's lawyer Pedro Ripoll. Mr Ripoll retired in 2007 - and both he and Garry's parents only found out by chance today's trial had been scheduled. The Waltons have become grandparents five times since the death of their son - and Mr Sapstead has become a father twice with his 16-year-old daughter now studying for her GSCEs. Speaking outside court today out-of-work builder Mr Walton, who moved with his family to Ireland from Leeds, west Yorkshire, when Garry was 13, said: 'It's mixed feelings at the moment. 'We're over the moon on the one hand. We'd given up on things ever getting this far after so many kicks in the teeth and we've been pinching ourselves the last few days to make sure it's true. 'But we're also disgusted it's taken so long. As well as demanding a 12-year jail sentence for Mr Sapstead if convicted of homicide, state prosecutors also want him to pay his alleged victim's family 120,000 Euros (£104,000) in compensation. The trial, expected to last three days with the jury going out at the start of the fourth day, continues.