School avoids charges over boy's death

TRAGIC: Police carry out their investigations at Taradale Primary School after Aryan Banerjee was found hanging from a toilet window in May. PHOTO FILE

Worksafe New Zealand will not be taking any legal action against Taradale Primary School for the tragic death of Aryan Banerjee in May.

The investigation into the incident has now finished and Worksafe found the circumstances which caused the nine-year-old's death were "not reasonably foreseeable, and no charges were legally justified".

Aryan died in hospital in September, more than three months after he was strangled when his clothing caught on a window latch handle as he tried to climb out of the toilet near his classroom.

He had found himself stuck in the toilet unable to open the door, which was being repaired and had been left unattended without a door handle.

WorkSafe's chief inspector, Keith Stewart, said Aryan's death was a terrible tragedy for his family, the school and the wider Taradale community.

"Your heart cannot help but go out to the Banerjee family. By all accounts Aryan was a bright and bubbly boy and his loss in such a senseless way is unbearably sad," Mr Stewart said.

"But in the end Aryan's death was not something that anyone could have reasonably seen coming. WorkSafe's enquiries have not turned up any similar incidents involving a window latch handle in New Zealand."

Mr Stewart said although it was possible to foresee that someone might have found themselves stuck in the toilet, "it was not reasonable to think the school or the worker involved should have planned to avoid the possibility of someone being so seriously injured climbing out a ground floor window and being caught on the latch".

"I know the investigation process has been tough for the Banerjees but it was important to take the time to look into this matter and the legal issues surrounding it thoroughly," Mr Stewart said.

WorkSafe informed Aryan's family on Friday about the outcome. The school had also been notified.

His death will now be the subject of a coroner's inquest to formally determine the cause of death.