Russian Climber Sues His Sherpa for Attempted Murder After Being Left for Dead on Makalu

Konstantin Smirnov is suing Makalu Adventures for $75,000 and his Sherpa, Bhajuram Gurung, for attempted murder. Smirnov claims he was abandoned by his guide and left for dead shortly after summiting Makalu on May 9. Miraculously, Smirnov was able to descend to the nearest camp on his own before being escorted to safety, after having been stranded near the mountain’s summit for well over 24 hours. The climber lost six fingers to frostbite, and nearly his life. He is now in pursuit of justice for what he sees as not only gross negligence but attempted murder.

The Russian climber was by no means ill-equipped or unprepared for the expedition. Smirnov is a very experienced mountaineer, having climbed Europe’s highest peak, Mount Elbrus, 15 times, in addition to summiting over half a dozen 7,000-meter mountains. Ready for his first successful 8,000-meter climb, Smirnov hired Makalu Adventures to guide him up Earth’s fifth-highest mountain.

At first, everything seemed to be going according to plan. As Climbing.com‘s Owen Clarke reports, Smirnov and his Sherpa, Gurung, reached the summit of Makalu just before 11 a.m. on Saturday, May 9, facing little difficulty on the way up. While Smirnov’s oxygen intake valves were beginning to freeze at this point, he said that little else felt out of the ordinary. That would all change for the worse on the descent.

The pair, following close behind an American expedition, ran into problems almost immediately when heading back for Camp III. Heavy fog and snow set in just meters below the summit, obscuring their view of the other group and leaving Smirnov and Gurung somewhat disoriented. Gurung — who, unbeknownst to Smirnov, had never summited an 8,000-meter peak — seemed to grow uneasy, calling out to the Americans ahead of them in search of more oxygen.

• Related: American Woman Mountaineer Killed in Avalanche During Descent of Mount Makalu in Himalaya Mountains

Incredibly, the American group heard Gurung’s calls and left behind an extra tank of oxygen. Although Smirnov was concerned about his own supply due to his frozen valves, he ceded the oxygen to his Sherpa, despite not knowing why Gurung had so little left.

Nonetheless, the two carried on down the mountain for hours, making very slow progress. It was around 6 p.m., still hundreds of vertical meters from Camp III, when Smirnov recalls being abandoned by his Sherpa. According to Smirnov’s hazy memory — a result of oxygen deprivation — Gurung yelled, “It’s going to get dark! You’re walking too slow,” and continued descending the mountain alone, leaving the Russian to fend for himself.

Smirnov, left alone near 8,000 meters above sea level, drifted into a state somewhere between sleep and unconsciousness for several hours before waking up around 5 a.m. on May 10. Fueled not only by a will to survive, but by anger at Gurung for the abandonment and a desire for justice, Smirnov made a 12-hour descent, entirely alone, all the way to Camp III, where he was sheepishly greeted by a weary Gurung.

The Sherpa had reportedly made no attempt to return to Smirnov’s aid the following day, nor did he notify anyone of the Russian climber’s perilous situation. Gurung was thus shocked and even bewildered  to see that his client had made it back to camp on his own accord, believing that the Russian would have simply succumbed to the elements by this point. This is the crux of why Smirnov is suing — not just for negligence, but for attempted murder.

• Related: “Death and Anger on Everest” | by Jon Krakauer

Deadly situations like the one that befell Smirnov are not uncommon on high peaks such as Makalu. However, Smirnov argues that a Sherpa’s top priority, when forced to leave a client behind, should be to seek aid to secure that client’s safety. A law associate working with Smirnov told Climbing.com: “The issue is not just that [Gurung] left him there, but that after leaving him there, he did not make any effort to go back and rescue him, nor did he inform anyone from his company. This guide believed that if he left Konstantin to die on the mountain, his negligence would be covered up. That is why we are accusing him of attempted murder.”

In essence, the plaintiff believes Gurung intentionally chose not to seek help or return for Smirnov, hoping the climber would die just below the summit of Makalu — obscuring the Sherpa’s negligence.

Makalu Adventures denies these allegations, vehemently defending the actions of Gurung and the company as a whole. The company states Gurung was forced to descend further down the mountain because his oxygen was dangerously low, and that he left his client in a “safe place, [with] flat ground.” Makalu Adventures further contends that Gurung failed to notify others of his client’s situation not to avoid repercussions, but simply because he himself was gravely ill and disoriented upon reaching camp, and unable to communicate Smirnov’s whereabouts.

The company also insists that Smirnov’s legal action feels out of left field, as initially the climber seemed very grateful. He profusely thanked Lakpa Rinji, a different Sherpa who escorted him from Camp III to safety, and, once at a nearby hospital, offered thousands of dollars to both Rinji and Gurung as gestures of gratitude. Smirnov, however, says he wanted to appear outwardly gracious in the moment simply to ensure he made it off the mountain alive — and that, when he offered the bonuses, he was still in a state of shock from the entire ordeal, meaning his actions at the time weren’t an accurate reflection of his true feelings.

While pursuing legal action against a climbing company for negligence is nothing new, this marks the first time in history that a Himalayan guide has been sued for attempted murder. A ruling may not come for several months, but the case could ultimately set a legal precedent for how Sherpas are expected to act when ensuring their clients’ safety going forward.

• Related: Nepali Guide Survives 6 Days Alone in Everest’s Death Zone, Then Crawls Out Alive

Smirnov says that he is pursuing legal action, in large part, to raise awareness. Many climbers in similar situations have lost their lives — and with them, the chance to tell their stories. Smirnov hopes his own account can serve not only as a voice for climbers who came before him, but as a cautionary tale for those who might otherwise meet a similar fate.