“My boy was shocked and panicked, he drank the water and choked, started coughing. My boy struggled and swam back to the poolside still coughing and started crying,” Zhang told the Herald after the incident.
Eight months on, Zhang was frustrated police had abandoned their inquiries and no charges had been laid.
Zhang said: “They [police] talked to the guy and they came back to me and said they’re not going to charge him. They said there were no [injuries] to [my son] so they’re not going to charge.
“It just shows an adult can assault any child and could kick them but as long as there’s no damage they get no charge - it’s bulls***.
“He [my son] was getting some damage in the mind – it’s probably hard to detect. Physically, he is all right. But he cried for months, it took some time for him to be able to go swimming again.”
Inspector Jim Wilson, an Area Commander for Auckland City East Police, said police decided “it was not in the public interest for the matter to proceed further” based on information under the Solicitor-General’s guidelines.
Wilson confirmed police investigated a complaint of an assault and spoke with “all interested parties”. Police put further queries to staff at the swimming complex to understand the circumstances of the incident, he said.
The general manager of The Olympic Pools & Fitness Centre Nick Tyrrell confirmed the alleged offender was allowed to return after initially being banned. Tyrrell said centre management had allowed him back upon the recommendation of police.
“During the investigation, the person involved was told they could not access the facility – this was told to them in person by myself. I spoke to the father of the young boy in detail and we supported them with the police, and they continued using the facility from the day after the incident,” Tyrrell said.
“This was a very serious accusation and all evidence from The Olympic was given to the police report.
“The Olympic was then informed by local authorities that no charges had been filed against the person accused. As a result, this person eventually reached out and it was decided by management, and on the local police recommendation, that they would be allowed to use the facility.
“That person returned for a short period but is no longer a member. They had no other issues or incidents, outside of the incident [the Herald is] discussing.”
Raphael Franks is an Auckland-based reporter who covers breaking news. He joined the Herald as a Te Rito cadet in 2022.