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AN ACCIDENTAL DEATH: Herve Bola

REDBRIDGE Council was this week cleared of blame as the unlawful killing verdict into the death of Woodford Green teenager Herve Bola (pictured) was overturned.

The family of the 16-year-old were "shocked and devastated" at the decision taken by Mr Justice Bennett on Tuesday to replace the verdict with one of accidental death.

Herve, who lived with his grandmother Francoise Bola in Elizabeth Court, Broadmead Road, died after plunging into freezing water at Sgwd Y Gladys Falls, also known as Lady Falls, in the Neath Valley, South Wales, in July 2002.

In April last year the verdict labelled "disturbing and perverse" by the National Union of Teachers in Wales sparked an immediate appeal by Redbridge Council, which owns the Glasbury House outdoor education centre near Hereford where the group had been staying.

Other teenagers on the trip claimed that part-time youth worker Daniel Brown, then 21, had called on Herve to jump into the natural pool at the falls a claim Mr Brown denied.

But on Tuesday Mr Justice Bennett ruled that Neath and Port Talbot coroner David Osbourne had made a mistake in law.

He said: "Shortly and simply, the facts taken at their highest come nowhere near founding such a verdict."

Mr Justice Bennett said the jury had to be sure beyond reasonable doubt that Mr Brown had called on Herve to jump. It also had to be "foreseeable" that the words would have led to the death, and Mr Brown's conduct was so bad that it amounted to gross negligence.

However the judge ruled the evidence was insufficient to prove negligence to the point where it amounted to a criminal offence and added the original verdict could only be seen "as a verdict that Daniel Brown unlawfully killed Herve Bola".

Redbridge Council has implemented a number of safety changes at the outdoor education centre, Now every youth worker is informed of each child's abilities, including their ability to swim.

Redbridge Council relea-sed a joint statement with Daniel Brown.

It read: "The judgement confirms that the death of Herve Bola was an accident.

"We have co-operated fully throughout the legal processes with the relevant authorities and we welcome the fact that our employee, Daniel, has now had the previous unfair finding overturned."

The statement added that the council's thoughts was with the family and friends of Herve's family.

Following the verdict, a spokesman for Herve's family said: "They are shocked and devastated that today's application was successful and the unlawful killing verdict was overturned by a High Court judge."

2:58pm Saturday 24th June 2006

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