Family hope for criminal investigation of drowning

9:56am Saturday 22nd October 2005

THE family of Woodford Green teenager Herve Bola say they hope to force a criminal investigation into his death.

The revelations come after Redbridge Council went to the Court of Appeal to seek a judicial review to overturn the inquest verdict of unlawful killing.

Herve Bola, 16, of Elizabeth Court, Broadmead Road, drowned after plunging into freezing water at Sgwd Y Gladys Falls in the Neath Valley, South Wales, in July 2002.

He was on the first day of a Redbridge Council -organised trip at the nearby Glasbury House Outdoor Education Centre.

During his summing up, Neath Coroner David Osbourne directed the jury to consider verdicts of accidental death and unlawful killing.

Teenage members of the group who gave evidence graphically described the frantic efforts made by everyone present to save Herve. But all testified that part-time youth worker Daniel Brown, who was then aged 21 and working for Redbridge Education Authority, called on Herve to jump into the pool moments before he drowned, a claim he denied.

However staff members said they had never heard Mr Brown call to Herve and said he had done everything possible to save him.

After considering the evidence the jury returned a verdict of unlawful killing.

At the time the National Union of Teachers in Wales branded the court's decision "disturbing and perverse" and Redbridge Council called a rushed press conference to back Daniel Brown, calling him a man of "considerable promise" who had a long track record with St John Ambulance. Mr Brown remains a council employee.

In August this year papers were submitted by the council to the Court of Appeal. The council now awaits a decision as to whether a judicial review will be granted.

But, speaking to the Guardian this week, Herve's cousin Alain Esale was adamant the correct verdict had been reached.

He said: "I can't possibly see how the case will be overturned by the council from the evidence it has.

"The decision has been taken by the court and the whole family is happy about the verdict.

"We are all very much hoping to press for criminal proceedings but at this stage it is in the hands of our lawyers and we have to wait to see what they recommend.

"It is still very hard. We still have to live with the fact that Herve is dead and nothing can change that. It is not easy for us."