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British boy's Algarve drowning - inquest records 'accidental death'

swimmingpoolThe death of a five-year-old British boy who fell into a swimming pool while on an Algarve family holiday was accidental, according to an Eastbourne coroner.

"Asphyxia as a result of drowning" was recorded by a Portuguese pathologist after Rupert Marshall, from Uckfield, East Sussex was found in the shallow end of the pool while on holiday with his two older sisters, their father and Joanna Gardner, his partner.

The family were staying with Joanna Gardener's mother, long term Algarve resident Pat Gardener, at her house on the outskirts of Armaçao de Pêra, Silves.

Despite Joanna Gardener’s initial efforts to revive Rupert, and the expert attention of the emergency services, the boy died at the scene on August 21, 2013.

An inquest at Eastbourne Magistrates' Court heard that the adults had made it clear, and trusted the children not to venture into the pool without an adult present.

Joanna Gardner and Rupert's father, Adrian Marshall, were using the computer to look at an online map in the study as Rupert drowned.

Joanna said to the court that she remembered thinking that she had better go outside, she just felt it was time to move outside.

"I went down to the pool and I saw Rupert at the shallow end. He was lying face down in the water. He was wearing a towel and leggings.

"I ran in, pulled him out, and started breathing into him. I yelled."

Joanna told the court that she recently had completed a swimming teacher's course

Mr Marshall said that of the three children Rupert was least interested in swimming and usually had to be coaxed into the pool, adding that it was a mystery as to why Rupert had gone into the water.

Rupert's mother, Sophie Marshall, told the hearing that her son was extremely long-sighted and that she had worried about the proximity of the pool. There was speculation that he may have been looking for a stray cat that had been hanging around the property.

Alan Craze, the East Sussex coroner, recorded a verdict of accidental death, adding that he had sympathy for everyone involved in the tragedy. Craze said that he did not know what was worse; for the people who were there when the accident happened or for his mother Sophie who was not.

"Nobody is going to forget this, nobody pretends they are ever going to forget this," Mr Craze said in his closing comments.

"But my hope is that with the benefit of the passage of time, each parent will be able to move on."

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Comments  

-1 #5 His Eldest sister 2017-01-23 19:34
Sypathy. Thanks.
Mr Craze saying the each parent will be able to move on; they won't, and neither will Ruperts sisters who Mr Craze doesn't seem to care about. He can just F**** off.
-5 #4 sophie marshall 2015-03-02 06:25
My son and his sisters were left unsupervised, despite being all under 10 yrs old, and all non-swimmers. My youngest son died while the adults were inside dealing with an issue related to patricia gardners business. No-one knew, or thought about where any of the children were or what they were doing. My son had fallen into the pool and drowned. His sight was so poor he was unable to see without his glasses which he was not wearing. I received a phone call telling me Rupert had drowned. Neither mine, or my children's lives will ever be the same but the adults involved walked away scott free. My warnings about pool safety prior to, and during their holiday were dismissed as fussing by their father who thought the rules did not apply to him. Our son paid the price. As for being a swimming teacher, which swimming teacher would allow children to wander around a pool unsupervised?
Mrs patrcia gardner did not even have the basic decency to attend the inquest, despite my son dying in her pool. This kind of story gives the Algarve a bad name because it is the same story of neglect. Prosecute in these cases and the deaths will stop.
-9 #3 Karel 2015-03-01 17:34
As I am not a Judge I am not in a position to accuse anyone. I just pointed out what i learned and experienced in my 13 years of running a tourist outlet with pool + the analsyses I made of the press clips after each of the children's drowing dramas that occured in this laps of time. However when you read well the article you see the accident occured whilst the kid was out of the adult's sight and control iun't it ?
-4 #2 Dennis H 2015-03-01 13:13
In this case the adults did say they were using the computer and did not try to make excuses. Karel comes close to accusing the adults in this sad case of making excuses. They did not and our sympathies are with those involved, too awful an event for most to contemplate.
-2 #1 Karel 2015-02-28 13:56
Thirteen years in the villa renting business learned me that there is ONLY ONE CAUSE of children's drownings and that is the lack of supervision over their children by the parents. Their FAKE excuses are: I fell asleep on the sunbed, I was reading, I was chatting with a friend, etc. but the REAL reasons are: I took my siësta in the bedroom, I was too drunk, we were partying with the other family members, we asked the kid to go in the pool and to keep me alone and to stay quite, etc. etc.
It has to be said that FENCING the pool is even more dramatic because parents put the kids behind the fence and have - the false conviction - that the kids are fully safe and protected. In reality the parents puttted their kid in an extremelely dangerous "box" from where they cannot excape in case of a drama. Because once again the parents do not supervise their kids. For those reasons each year several kids drown and die in the Algarve. And this is a similar sad story. It both frightens and frustrates me !

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