A family expressed their fury after a water sports company was fined £10,000 for health and safety failings that led to the death of a 12-year-old boy in the River Tay, near Perth.
Kayden Walker drowned after getting trapped underwater while boogie boarding at Stanley Mills on July 28 2019.
The youngster was part of a charity excursion organised by Glasgow-based Outdoor Pursuits Scotland Ltd.
At a hearing in Perth Sheriff Court on Monday, the company pled guilty to failing to ensure Kayden’s safety.
Members of the boy’s family branded the sentence a “disgrace”, particularly after the firm was given four years to pay.
One woman told company boss Phil Robinson: “I hope you see him every time you close your eyes.”
Outdoor excursion
The firm pled guilty to failing to have instructors above and below a weir in the river, to offer assistance to Kayden – a weak swimmer – as he negotiated the currents.
Kayden fell from his board and was trapped on the upstream side of the weir.
He was overwhelmed and submerged, the court heard.
The youngster was pulled out of the river after three-and-a-half minutes and airlifted to hospital but died the following day.
Catherine Fraser, prosecuting, said Kayden, from Glasgow, had been involved with a charity called Church House and had been on residential trips in the past.
The organisation had engaged Outdoor Pursuits Scotland to lead activities for secondary school-age children during the summer holidays.
Kayden was one of 11 youngsters boogie boarding near Stanley.
They were bussed to the site, along with four adults, at about 12.30pm.
“The group received about 30 minutes of instruction.
“The director accompanied the group on a river board, while the other instructor was in a kayak bringing up the rear.”
Two adult helpers from Church House were also on the water.
“Kayden was observed to be frustrated at first, kicking with his knees,” the fiscal depute said.
“But he eventually got the hang of it, kicking with his hips.”
An adult helper attempted to stay as close as possible to Kayden.
“The first obstacle the group encountered was the weir, which spanned the width of the river.
“Led by the director, the majority of the group negotiated the weir without incident, including a girl who had experienced some difficulties initially.
“That left Kayden, the two employees of Church House, two girls and the instructor in his kayak above the weir.”
Rescue attempt as Kayden disappeared
Ms Fraser said: “The instructor and the two girls descended the weir and took up a position below it.
“They looked upriver and saw that the two Church House employees and Kayden were above them.
“The instructor positioned himself so he had a clear line of sight, as he could see Kayden was being pushed too far to the right by the flow of water.
“He directed him to go back up the river and come down through the centre of the weir.”
She said: “As he got closer to the weir, he was being pulled to the right by the current.”
The two Church House employees came through the weir, carried by the flow of the water.
“They turned to look upriver,” Ms Fraser said. “Neither of them could see Kayden.
“Kayden’s board resurfaced near to where the employees were.
“The instructor, realising something was amiss, got out of his kayak and went to the top of the weir.
“He reached into the water where Kayden had disappeared.
“He lay on his stomach and located him, at arm’s length underwater.”
Attempts to pull him out were initially hampered by the powerful current.
“He kept shaking Kayden’s leg in an attempt to free him,” the fiscal depute said.
“He estimated he had been under the water for about three-and-a-half minutes.”
Kayden was carried through the weir and caught by Mr Robinson, who immediately gave him CPR.
Emergency services were called and first on the scene was the Perth-based SCAA helicopter team.
Kayden was airlifted to Ninewells but died at 3pm the next day of brain damage caused by drowning, the court heard.
Sentence ‘a disgrace’
Defence counsel Peter Gray KC said the company had a turnover of £30,000 and had since lost its public indemnity insurance.
“It is the matter of the greatest concern and genuine remorse that Kayden Walker lost his life in the most tragic of circumstances, as the result of failings for which the accused organisation is responsible,” he said.
Sentencing, Sheriff William Wood said: “The premature death of any child is not something any parent should have to endure.
“The fact that it has taken five years for the sudden, unexpected and avoidable death of Kayden Walker to be fully investigated by the crown and for the accused being brought to court to be held to account, will not be something that the family or the public will easily understand.”
He said: “No one expects to wave their child off in the morning on a properly organised adventurous pursuit and to have their tragic passing of a course of that.
“I can only imagine the grief visited upon all by this event.”
The sheriff said Kayden’s inability to swim more than 10 metres without a float played no part in his death.
“I recognise that nothing I have the power to do by law is likely to satisfy the likely wishes of the family.
“I have no doubt too that Mr Robinson will also be permanently scarred by his efforts to resuscitate Kayden before the arrival of the paramedics.”
He fined the firm £10,000, reduced from £15,000 for its early guilty plea.
Family fury
A member of Kayden’s family stormed out as Mr Gray asked for the court to allow payment over four years.
Speaking after the hearing, a member of the family said: “That was a disgrace.
“How has he not lost his licence to train people? At least take his licence away and never let him train people again.
“He failed Kayden. He was in difficulties from the start, they shouldn’t have left his side.
“We wanted something that’s more of a punishment, in line with the child’s death.
“Instead, they get to pay £200 a month.”
Tributes
Following the tragedy, Kayden’s older brother, Kai Thomson – who took to fundraising in Kayden’s memory – posted on Facebook after the accident: “There’s no words I could say to make this any easier.
“You’re up there with granda now so look after each other. I love you wee man with all my heart. Until we meet again.”
Debbie Carroll, who leads on health and safety investigations for the Crown Office and Procurator Fiscal Service (COPFS) said: “Kayden Walker was a happy, friendly, and much-loved child who enjoyed helping younger children within his church group.
“Kayden’s tragic death could have been prevented had the company ensured a safe system of work was in place to allow participants to safely negotiate the weir.
“This should serve as a warning to others who run outdoor and water activity business. A failure to manage the risk in such ventures can have devastating consequences.
“My thoughts are with Kayden’s family and friends at this difficult time.”
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