Swimming trial jury is discharged

Chad Mole got into difficulties while at the Splashland pool

A jury in the trial against the owner of swimming pool where a boy suffered brain damage has been discharged after failing to reach a verdict.

Cardiff Crown Court heard Chad Mole suffered a "catastrophic brain injury" after nearly drowning at a pool in Trecco Bay caravan park in Porthcawl.

The site's operator, Upper Bay Limited, had denied failing to ensure that the seven-year-old was not exposed to health and safety risks.

A retrial is now being considered.

The child had been on holiday at the caravan park with his family from Halesowen, near Birmingham, when the incident happened in October, 2005.

During the trial, the court was told that the boy had been in the "bubble lounger" area of the Splashland pool when he was pulled "lifeless" from the water.

He was revived but the incident has left him severely disabled, after oxygen-starvation resulted in a severe brain injury.

The prosecution was launched by Bridgend council after its own inquiry into the incident.

The owners were accused of not having a proper system of work in place, with insufficient lifeguards.

However, an independent safety expert told the trial that there were three lifeguards watching the pool at Splashland at the time, and that appeared "adequate".

After the trial jury was discharged, the prosecutor Ian Pringle QC asked for 14 days to consider whether there should be a retrial.

"I need to consult with the family and those who instruct me," he said.