Boy suffered brain injury at pool

Chad Mole got into difficulties while at the Splashland pool

A boy suffered a "catastrophic brain injury" when he nearly drowned in a swimming pool which lacked adequate lifeguard cover, it is alleged.

Chad Mole, from Birmingham, was found under the water at Trecco Bay caravan park's pool, in Porthcawl, in October 2005, Cardiff Crown Court heard.

The seven-year-old had been on holiday with his family.

Park owner Upper Bay Limited denies failing to ensure the boy was not exposed to risks to health and safety.

Ian Pringle, prosecuting, said Chad, from Halesowen, near Birmingham, had gone to the Splashland pool with his father Brian and his four-year-old brother JJ.

Neither of the boys could swim, neither had buoyancy aids and there was a sign saying children under eight should be accompanied by an adult.

Mr Pringle said that while Mr Mole's attention was on his younger son, Chad wandered off.

The pool was not properly observed. There were not enough lifeguards there Ian Pringle, prosecuting

"How long he wandered off for we cannot be precise, it was a matter of minutes not seconds and it seems that he wandered off into the deep end of the pool."

He said Chad ended up in the bubble lounger area, a bubbly shelf around the edge of the deep end.

There were four lifeguards on duty that day - 18 October, 2005 - he said, but at the time no one was specifically monitoring the bubble lounger.

He said one of the lifeguards, Jo Sperduty, stopped to speak to Chad on her way to monitor the flume and told him to return to his father.

"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."

Mr Pringle said it was another parent, Joseph Coffey, who noticed Chad below the surface of the water.

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

Statutory duty

Help then came quickly with two lifeguards attempting to resuscitate Chad and an ambulance being called.

He said the company failed to make proper plans for adequate safeguards to protect the public who are using the pool.

"The pool was not properly observed. There were not enough lifeguards there," he added.

Mr Pringle said Upper Bay Limited did not have proper procedures in place to deal with young children who strayed into areas where risks clearly arose.

"As a result, on October 18, 2005, a young boy by the name of Chad Mole, then seven years of age, very nearly drowned," he said.

"He was saved, but he suffered a catastrophic brain injury as a result of his accident."

He said the pool was closed down while Bridgend County Borough Council investigated the incident.

Mr Pringle said it would no doubt be the defence case that it was Chad's father who was really responsible.

But he said it was not Mr Mole who was on trial: "He has his own life sentence, you might think, already."

He told the jury: "Your task in this trial is to decide whether this company failed in its statutory duty imposed by Parliament to ensure Chad Mole was not exposed to risk of drowning.

"That's why the legislation is there, parents can't always watch every move their child makes."

The trial, which is due to last at least two weeks, was adjourned until Tuesday.