Boy had 'catastrophic' injury

Splashland was closed following the incident in October 2005

A seven-year-old boy suffered a "catastrophic brain injury" after nearly drowning in a swimming pool, a court was told.

Chad Mole, from Birmingham, was found lifeless with blue lips in the "bubble lounger" area of Splashland on the Trecco Bay caravan park, Porthcawl.

Although he was revived after the 2005 incident, he suffered a severe hypoxic brain injury and is severely disabled.

At Cardiff Crown Court, the pool owners deny health and safety charges.

South Wales Police investigated the incident but nobody was charged with a criminal offence.

However, Bridgend County Borough Council brought a prosecution under the Health and Safety Act against the site's owners and operators, Upper Bay Limited, after its own inquiry.

The prosecution claims that Upper Bay Limited failed to ensure Chad was not exposed to health and safety risks, but the company denies the charge.

His life was saved but he will forever have a catastrophic brain injury which has severely disabled him Prosecuting QC Ian Pringle

Ian Pringle QC, prosecuting, told the jury Chad was at the caravan park in October 2005 with his then four-year-old brother JJ, and their parents, Brian and Wendy.

The family were due to spend just a few days at the caravan park.

Mr Pringle told the jury: "The case you are about to hear concerns a very near drowning at Trecco Bay.

"It was caused, the Crown say, in simple terms by this company not having a proper system of work, not having sufficient lifeguards on duty, not having lifeguards clearly observing these people and not having a system where people would react properly when they saw a young boy in a dangerous part of the pool.

"As a result of that failure, we say that young Chad Mole, very, very nearly drowned.

"His life was saved but he will forever have a catastrophic brain injury which has severely disabled him."

'Wandered off'

Mr Pringle said Mr Mole was in the pool with his two sons and became "preoccupied" with his youngest while Chad wandered off.

The court heard how Chad found his way to the pool's "bubble lounger", a jacuzzi-type area near the deep end.

Mr Pringle said Joanne Sperduty, one of four lifeguards working that day, actually saw Chad in the bubble lounger while on her way from an observation post at the deep end to the log flume.

She asked him to go back to his father but did not ensure he did this before carrying on.

Chad was eventually spotted in trouble by Joseph Coffey who was visiting the pool with his two children.

"As he (Mr Coffey) approached the lounger at 11.20am that morning, he spotted Chad underneath the surface in an upright position," said Mr Pringle.

'Lack of care'

"He thought for a few seconds it must have been a game. As he got near to him, Chad rocked towards him and he realised he was in trouble.

"He scooped him out of the water and shouted for help. Chad was limp and his lips were blue."

Mr Pringle claimed the pool's manager, Simon Hughes, who was working as a lifeguard that day, shouted "Why wasn't someone watching him?" after Chad was discovered.

He added that it was "wholly, wholly inadequate" that there was no lifeguard on duty on a high chair near the bridge of the pool and no lifeguard patrolling up and down by the bubble lounger.

"There was a total lack of care in ensuring that this young boy didn't have a risk of drowning," said Mr Pringle.

"To compound it all, even when he was spotted he was told to go back to his dad and nothing was done."

The hearing continues.