KEY POINTS:
The partner of a father-of-three who drowned while standing in a council pool are demanding to know why staff failed to notice him slumped in the water.
James "Jim" Burling, 33, died at the Genesis Energy Huntly Aquatic Centre nine days ago.
Police have refused to comment on his death because it is under investigation but Burling's partner of five years, Sandy Pope, said she had been told charges were likely.
"The cop told me on Thursday night that there will be prosecutions. We just want answers."
Pope told the Herald on Sunday that Burling was standing at one end of the pool, watching his 12-year-old niece swim a lap, before his death.
He worked part-time as an ACC-approved caregiver for a female relative and had taken her to the pool at 6.30am so she could exercise with family members.
"It was the first time he had taken her there," said Pope.
"He sent my niece off to do a lap and when she came back he was still standing there but his head was under the water."
Pope said her niece thought Burling was joking around and went to see the relative he was caring for in another pool.
"She was there for about five minutes and when she went back he was still in the same position," said Pope.
"My niece got in and tickled him and turned him over and then she realised something was wrong and started calling out for help."
Another swimmer pulled Burling from the water. Pope said someone started CPR on him but she didn't know if it was the other swimmer or pool staff.
"Then they called the ambulance and they called me ... There were people everywhere [when I got there] trying to resuscitate him but it was too late."
The cause of Burling's collapse is not known, but Pope said she believed the confident swimmer, who had no known health problems, would still be alive if staff had noticed him.
"Where was everybody? I know it was early but I thought pool attendants were supposed to keep a bloody eye on everyone... they could have saved him."
Senior Sergeant Pete Simpson said establishing why staff did not notice Burling was part of the investigation.
The pool is owned by the Waikato District Council, which contracts its management to Total Leisure Concepts.
Council chief executive Gavin Ion refused to comment until the investigation was complete.
Total Leisure Concepts is owned by Ian and Zoe Richards, who also manage the Whakatane District Aquatic Centre, Ruapehu District Pools and Otorohanga Memorial Pool.
Zoe Richards refused to comment.
Ruapehu District Council chief executive David Hammond said his organisation would review procedures with the company.
Pope said Burling's children - 4-month-old Max, Alex, 3, and Samantha, who turned 6 the day before he died - were "more than devastated".
"The kids all did drawings and cards that went in Jim's casket. Jim was such a hardcase. He was a big kid ... He was always having fun and he was caring and loving."
