Firm guilty on boy's pool injury

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A caravan park operator has been found guilty of failing to ensure the safety of a boy who suffered a "catastrophic brain injury" in its swimming pool.

Chad Mole, seven, from Birmingham, was on holiday with his family at Trecco Bay, Porthcawl when he was injured.

Upper Bay Limited had denied failing to ensure the he was not exposed to health and safety risks.

After the Cardiff Crown Court verdict, the firm said it would consider the implications carefully.

The jury returned its verdict after deliberating for more than seven hours.

Ian Pringle, prosecuting, told the trial that Chad, from Halesowen, had gone to the Splashland pool on 18 October 2005 with his father and his brother JJ, four.

Wandered off

Neither boy could swim, neither had buoyancy aids and there was a sign saying under eights should be accompanied by an adult.

Mr Pringle said Chad wandered off to the deep end of the pool while his father's attention was on his younger brother.

He said no-one was specifically monitoring the area Chad ended up even although there were four lifeguards on duty.

He said one lifeguard stopped to speak to Chad and told him to return to his father.

I saw someone carrying Chad out. He was blue. I was screaming Brian Mole

"He made no reply. He was clearly under the age of eight, she didn't ask if he could swim or who he was with," Mr Pringle said.

"This was, we contend, a serious error because, it seems, within a relatively short time, somehow Chad slipped from the shelf and went into the deep water."

He said another parent noticed Chad under the water.

"He quickly scooped him out of the water - he was limp, his lips were blue - and shouted for help," he said.

Mr Pringle said the company failed to make proper plans for adequate safeguards to protect the public who were using the pool.

Brian Mole gave evidence to the trial that he realised his son had disappeared after "about six or seven minutes".

"I saw someone carrying Chad out. He was blue. I was screaming," Mr Mole said.

After the verdict, Judge Stephen Hopkins QC told jurors: "Because I'm dealing with a company as a defendant, the only penalty open to the court is to make a financial order or orders against it."

He said he would bear in mind that "no amount of money could be calculated to recompense Mr and Mrs Mole" for what happened to their son.

Sentencing was adjourned until 9 July.

'Deeply affected'

An Upper Bay Limited spokesman said the "tragic accident... has deeply affected and saddened everyone at Trecco Bay and they will take time to digest the implications."

It continued: "We have always provided the necessary resources and regular training to ensure all staff can carry out their duties competently, professionally and above all to ensure the safety of both our customers and staff.

"We have also maintained that we have the highest safety standards to ensure the 175,000 annual users of the pool can enjoy swimming in a safe and secure environment."