The 61-year-old
was watching television in his Armidale home when a two year old little boy
from next door, wandered into his backyard and found his way into the pool and
subsequently drowned.
Following a two
month investigation, police charged the man with manslaughter last week and he
has been ordered to appear in Armidale court next month.
It is understood
that the man is the first person to be charged with manslaughter for not having
a properly installed and maintained a pool fence.
Travis Schultz,
managing partner at Schultz Toomey O'Brien Lawyers said "This is a sad
situation all round. These parents have lost their only child in what is a
preventable and tragic accident and this aged grandfather is now facing very
serious criminal charges. Both families' lives will be impacted forever."
"We are all
aware that if we have a pool we have a legal obligation to ensure that pool is
fenced and that the fencing is maintained to prevent such tragedies from
occurring.
New pool safety
laws introduced in 2009 aim to reduce the incidences of drowning and serious immersion
injuries of young children in swimming pools.
These laws affect
new and existing pools.
Pool owners have
until 30 November 2015 to comply with the new pool safety laws, or earlier if
they sell or lease their property before this time.
"With the warmer
months just around the corner it is a timely reminder to check your pool
fencing and ensure you are complying with the laws which require all pools to
be fenced and maintained to a specific standard,'' Mr Schultz said.
"Having a
pool fence that is in need of repair is simply not worth the risk"
source www.sunshinecoastdaily.com.au 11th July 2012
www.realestateexcellence.com.au
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