Pool owners escape prosecution over tragedy

Hastings District Council was "fortunate" that it was an adult and not a child who died after gaining access to the Havelock North Village Pools by penetrating a fence, or they could have faced prosecution, a Coroner's Court report says.
That comment was made by Coroner Chris Devonport following his investigation into the death of Havelock North woman Sheree Margaret Robson, who died after entering the pool with a male friend at approximately 3.30am on December 30, last year. The 25-year-old early childhood educator died either by drowning or a cervical spine fracture sustained when she jumped into the 2.5m pool feet first, hitting her head on the side of the pool in the process.
The pools are owned by the council, and operated by Havelock North Pool Trust.
Mr Devonport found there had been a significant amount of correspondence and several meetings over a four-year period about the inability of the surrounding fences to keep people out after-hours.
A swimming pool safety officer even made recommendations to improve the security of the fencing and the double gates.
After Miss Robson's death the police obtained an opinion from Crown Solicitor Timothy Brewer that the pools' fences did not comply with the requirements of the Fencing of Swimming Pools Act 1987.
However that Act was designed to promote the safety of young children.
In his comments, Mr Devonport noted that the council and the trust had "for some time been aware members of the public were gaining access to the Havelock North Village Pools after hours".
"While investigations had been undertaken by the trust to improve the perimeter fencing around the pools, and the results communicated to the council, neither the council nor the trust took steps prior to Miss Robson's death to implement any of the proposals."
He added that the "council is fortunate that a child did not die as a result of gaining access to the pools by penetrating a fence which did not comply with the Act.
"Had that happened, it is the Crown Solicitor's opinion that both the Council and the Trust could be prosecuted, as could individuals in both those organisations who had actual knowledge of, and control over, the fence."
In this instance Miss Robson had trespassed, and the Act was not intended to prevent adults from having access to swimming pools.
"Whether the council and the trust take steps such as fencing or alarms to prevent or merely deter adults gaining access is for them to decide," Mr Devonport said.
Ryan Butler, who climbed a 1.8m fence with Miss Robson to gain access to the pools, said: "She jumped straight forward into the pool. She landed feet first. Once she jumped in, I climbed out at the ladder. She didn't come back up."
Thinking that she was playing the fool, he jumped back in to look for her underneath the pool covers.
It was several minutes later, having got out again that he saw her.
"I saw a shadow in the pool ... I dived in and scooped her off the bottom and surfaced as fast as I could. I kept her head above the water but I could tell she wasn't breathing.
She was lifeless."
A post-mortem found Miss Robson's blood alcohol level was 220 milligrams per 100 millilitres of blood, and BZP - readily available in party pills - and an antidepressant were also detected.
She had received a cervical spine fracture which could have potentially caused paralysis of the breathing muscles, although there was evidence of drowning.
Since her death several changes have been made to security at the pools, and the council was now satisfied the fence complied with the Act.
"I do not propose to make any further recommendations," Mr Devonport said.