“Accomplished” Swimmer’s Hypoxic Blackout Sparks Lifeguard Negligence Trial
an “accomplished” swimmer who suffered a hypoxic blackout at the bottom of a leisure center pool had given a fellow swimmer a “thumbs up” sign moments before a rescue attempt was made, a jury has heard. The incident, which occurred at the Orchard Leisure Centre in Newry on April 7th, 2017, has led to a high-profile trial involving three lifeguards accused of negligence.
Christopher Rodgers, a 20-year-old described as a “very strong swimmer” who often engaged in underwater training, had swum 2½ lengths underwater before surfacing briefly and then sinking to the bottom of the pool. He remained there for five minutes and 14 seconds before being rescued.
The trial, taking place at Newry Crown court, heard that during this critical period, two of the lifeguards—Cathal Forrest McVeigh (35) and James Monaghan (26)—were “engaged in conversation” for over two minutes while rotating guard duties. William Holden (26), the third lifeguard, was stationed in the high chair but failed to notice Rodgers’ distress.
Prosecuting counsel Liam McCollum argued that the lifeguards’ primary duty was to “guard lives” and ensure the safety of all swimmers. “The prosecution say that self-evidently, they did not do this job properly because a very long period of time passed between Mr Rodgers hitting the bottom of the pool and any rescue attempt,” McCollum stated.
Wayne Dougan, a fellow swimmer present at the time, testified that he had noticed Rodgers spending an unusual amount of time underwater. “I waved at him and he put his thumb up to me,” Dougan told the court. However, after swimming several more lengths, dougan observed one of the lifeguards running toward the deep end, appearing concerned.
Dougan recounted how he swam under the pool divider to reach Rodgers, who appeared “lifeless.” He surfaced to shout for help before diving back down to drag Rodgers to safety. Under cross-examination, Dougan acknowledged that Rodgers had given him a thumbs up before the incident, but maintained that the lifeguards’ delayed response was a critical failure.
Retired nurse Matthias Nugent, who was also in the pool, testified that he had spotted Rodgers “stretched out” at the bottom and alerted a lifeguard. The guard reportedly confirmed he was aware of Rodgers’ presence but took no immediate action.
David Crawford, a qualified lifeguard and trainer, emphasized that conversations between lifeguards during duty rotations should last only “a few seconds.” This testimony underscored the prosecution’s argument that the lifeguards’ prolonged conversation constituted a breach of their duty of care.
the trial continues as the jury deliberates whether the lifeguards’ actions—or lack thereof—amounted to negligence.
Key Details of the Incident
| Detail | Information |
|———————————|———————————————————————————|
| Victim | Christopher Rodgers, 20, described as an “accomplished” swimmer |
| Incident Date | April 7th, 2017 |
| Location | Orchard Leisure Centre, Newry |
| Time Underwater | 5 minutes and 14 seconds |
| Lifeguards on Trial | Cathal forrest McVeigh, william Holden, James Monaghan |
| Key Testimony | wayne Dougan: “He seemed to be lifeless.” |
| Prosecution Argument | Lifeguards failed to take reasonable care for swimmers’ safety |
This case highlights the critical importance of vigilance in lifeguarding and raises questions about the adequacy of training and protocols in leisure centres. As the trial unfolds, it serves as a stark reminder of the potential consequences of lapses in safety measures.
For more on the dangers of hypoxic blackout and water safety, explore our detailed guide.
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