Drowning death verdict overturned

2:28pm Tuesday 20th June 2006

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A JURY'S verdict that a 16-year-old boy who drowned on an outdoor activity trip was unlawfully killed has been overturned by the High Court.

Herve Bola from Woodford Green, north-east London, drowned after plunging into freezing water at Sgwd Y Gladys Falls in the Neath Valley, south Wales, in July 2002.

He was on the first day of a Redbridge Council organised trip at the nearby Glasbury House Outdoor Education Centre.

Teenage members of the group who gave evidence at the original trial described the frantic efforts made to save Herve.

But some testified that part-time youth worker Daniel Brown, who was then aged 21 and working for Redbridge Education Authority, called on Herve to jump into the pool moments before he drowned, a claim he denied.

However staff members said they had never heard Mr Brown call to Herve and said he had done everything possible to save him. After considering the evidence the jury last October returned the unlawful killing verdict.

Mr Brown challenged the jury's verdict, claiming there was no proof to back the finding. A High Court judge agreed and gave a verdict of accidental death.

Justice Bennett said that even if mistakes or errors of judgment were made, it could not amount to criminal manslaughter and Mr Brown's conduct could not be labeled as criminal.

At the time of the original verdict Herve's cousin, Alain Esale, was adamant the correct verdict had been reached and said the family would press for criminal investigation into the death.