Son found 'lifeless' in park pool

Splashland was closed following the incident in October 2005

A father broke down in tears as he told a court how his son was lifted apparently lifeless from a swimming pool at a holiday park in south Wales.

Brian Mole's son Chad, seven, suffered a "catastrophic brain injury" after he nearly drowned at Splashlands swimming pool at Trecco Bay park in Porthcawl.

Although he was revived, the boy, from Birmingham, was left severely disabled.

The caravan park owners, Upper Bay Limited, deny health and safety charges brought by Bridgend council.

Mr Mole told Cardiff Crown Court lifeguards "should have done their job" and watched the pool at all times.

He and his wife Wendy along with Chad and his brother JJ, then four, had come from Birmingham to the caravan park in October 2005 for a holiday.

Mr Mole told the hearing Chad had asked to go swimming and he had taken both boys to the pool, although as neither could swim they went in a shallow area.

He played with JJ while Chad splashed behind him, but after seven or eight minutes he turned and realised Chad had disappeared.

He was lifeless and I screamed and screamed, 'Where were the lifeguards' Brian Mole

"I shouted 'Chad'. I couldn't hear him, then I picked JJ up in my arms and got out of the pool," Mr Mole said.

Mr Mole started to cry as he recalled seeing a man carry Chad from the pool.

"He was lifeless and I screamed and screamed, 'Where were the lifeguards'," he told the court.

"They should have done their job. I thought that pool was safe. I thought they would be watching at all times."

His son had been brought out of the deep end of the pool near the "bubble lounger", he said, adding he had not realised there was deep water on the other side of a bridge feature near where they had been.

John Cooper, defending for Upper Bay Limited, questioned whether Mr Mole had seen signs stating under-eights should be accompanied at all times.

Mr Mole said: "When I took them swimming they were excited. We didn't look at anything like that."

Mr Cooper said: "The inspector in this case who blames this company also blames you. Is he right to do that sir?"

Mr Mole replied: "The only blame I feel is taking Chad to that pool that was not supervised properly.

"If it was me in Chad's situation and me submerged under water who would you expect to save me?"

Mr Cooper asked if Mrs Mole, who arrived as Chad was being resuscitated, had said to him: "What have you done to my child, my baby?"

Mr Mole replied: "Yes sir."

'Crouched'

However he told Mr Cooper he did not believe he should never have let Chad out of his sight.

"It could happen to any family in that environment," he said.

"Do you think I would put my son in danger? There's no way I would do that, sir."

He added: "I wish to God it had happened to me."

Joseph Coffey, who retrieved Chad from the pool, had been in the water with his own children.

He said: "I seen a young boy with his head submerged just under the water. He was crouching in an upright position. I thought he was holding his breath.

"As I got closer to within a few feet I noticed he rocked forward so I quickly went to grab him and lifted him up."

He said he noticed two or three lifeguards at the flume ride, and one near the "bubble lounger" looking over towards the ride, but none in the high chairs at the poolside.

Mr Coffey said he called to the lifeguard near the "bubble lounger", whom he described as "shocked", before he took the boy to the edge of the pool.

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 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.