No charges laid over death of schoolboy Aryan Banerjee's death

Aryan Banerjee spent three months fighting for his life. Photo / Supplied

No charges will be laid over the death of a 9-year-old boy who was strangled by his own clothes when they became caught on a window latch at his school.

Taradale Primary pupil Aryan Banerjee was strangled when his clothing caught on a window latch handle as he tried to climb out of the toilet at his Hawke's Bay school.

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.

Aryan was rushed to hospital, where he spent the next three months fighting for his life. He died in September.

In a decision released today, WorkSafe 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," he said.

But the health and safety agency ruled Aryan's death was not something anyone could have reasonably predicted. No charges would be laid against the school, he said.

WorkSafe had not investigated similar incidents involving a window latch handle in New Zealand, Mr Stewart said.

"Yes, it was possible to foresee that someone might have found themselves stuck in the toilet. But it is not reasonable to think that 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."

WorkSafe met Aryan's family and informed the school about the outcome last Friday.

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

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