Criminal court investigates child’s 2019 Brisbane pool drowning

A Queensland court is currently examining the circumstances surrounding the 2019 drowning of a five-year-old child at the Runcorn Aquatic Centre in Brisbane's southern suburbs

Five-year-old Ali Alabedi died in hospital on 24th November 2019 eight days after having been rescued and resuscitated after having strayed into a deep-water indoor pool away from his family.

The prosecution in the Brisbane Magistrates Court is focusing on whether facility operator City Venue Management Pty Ltd (CVM), breached its workplace health and safety obligations.

Specifically, the Office of Work Health and Safety Prosecutor (OWHSP) alleges that there was inadequate supervision from lifeguards at the time of the incident - although the facility had a team of four on duty. CVM Managing Director Jay Clarke is defending the charge of failure to comply with health and safety duty - category 2.

Yesterday, the Court heard Barrister Josh Underwood, for the OWHSP, ask “the 19-year-old man who was delegated the responsibility for supervising this venue on the day of the incident lacked sufficient experience to do so. Agree or disagree?”

As reported by Brisbane’s The Courier-Mail, Clarke responded “disagree”.

Barrister Kristi Riedel, representing CVM, asked why he disagreed to which Clarke replied “I’ve seen his core competencies … what he is experienced and qualified in and it’s clear that he is suitable and capable of performing the duty management role.”

The Court heard that the lifeguard in question had completed his 12 month traineeship with CVM the month before and had been a qualified lifeguard for 11 months.

CCTV footage of the indoor pool at the time of the incident showed the lifeguard was absent from roaming the pool for more than 13 minutes, the Court heard.

However, Clarke stated “but what the CCTV doesn’t show is the spine through the middle of the pool, which has a full view of everywhere indoor.

“In my opinion, that’s where the guard was.”

Barrister Underwood also asked prosecution expert witness Les Mole whether a 19-year-old who was qualified as lifeguard for 11 months was experienced enough to be placed in charge where about 100 people were present.

Mole, former President of Royal Life Saving Queensland, replied “absolutely not.”

As reported by The Courier-Mail, Mole advised “it was definitely a high-risk situation, high-risk facility with the people that were in there and what was going on and not that person would not have the knowledge or experience to do what needed to be done during that shift.”

Barrister Riedel asked Mole if the pool was high-risk because it was a basic layout, to which Mole responded “when the pool’s empty, it’s very low risk. But you add to the pool … for example a children’s birthday party, children per se, non-English speaking people.”

However, Riedel pointed to there being four lifeguards on duty at the time of the incident, noting “that exceeds the (recommended) ratio of one lifeguard to 100 patrons in the pool at the time doesn’t it?”

Mole, who earlier stated that the ratio from Royal Life Saving’s Guidelines for Safe Pool Operations was out of date and should be removed, responded “if you worked on that basis yes.”

In an interview played to the Court, Workplace Health Safety Queensland inspectors said the lifeguard meant to be supervising the indoor pool was at the front counter, where the pool could still be seen, serving customers.

With one of the inspectors asking “what’s the consequences of having that pool unmanned?”, Clarke replied that the operator was still operating within the guidelines and stressed parental responsibility, adding “there’s times when yeah the principle is that lifeguards are not babysitters. They’re not to watch every kid, they’re to keep the venue as safe as they can. Parents are the first line of supervision.

“The boy was by himself is, sadly, part of it, I’ve watched it 20 times and I think I cry every time.”

Queensland Coroners Court investigation
Following the drowning, a Queensland Coroners Court investigation found that the child’s parents’ lack of English language skills contributed to the drowning

Released in December 2021, the Coroners Court advised that the investigation was undertaken as “the facts of (the child)’s tragic death are clear and do not require an inquest.”

However, the investigation pointed to the placement of the on-duty lifeguards attending the indoor pool noting one member of the team was at “the front counter serving customers (and) as part of her responsibility, she attended the change room at about 3.20pm to change a soap dispenser.

“In her absence, (another) lifeguard covered the front desk (while) two more lifeguards were working around the outside pools.”

The trial continues.

Images courtesy of Brisbane City Council.