Mr. Daniel Brown

The inquest, which was held at Neath County Court, heard that Herve, who was unable to swim, jumped into a pool of water at the Sgwd y Gladys Falls after being encouraged to do so by Daniel Brown, a youth worker employed by Redbridge Education Authority.

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.
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Mr Justice Bennett said the jury had to be sure beyond reasonable doubt that Mr Brown had called on Herve to jump.
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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."

But some testified that part-time youth worker Daniel Brown, who was then aged 21 and working for Redbridge Education Authority, called on Herve to jump into the pool moments before he drowned, a claim he denied.

However staff members said they had never heard Mr Brown call to Herve and said he had done everything possible to save him.After considering the evidence the jury last October returned the unlawful killing verdict.

Mr Brown challenged the jury's verdict, claiming there was no proof to back the finding.A High Court judge agreed and gave a verdict of accidental death.

Justice Bennett said that even if mistakes or errors of judgment were made, it could not amount to criminal manslaughter and Mr Brown's conduct could not be labeled as criminal.

But all testified that part-time youth worker Daniel Brown, who was then aged 21 and working for Redbridge Education Authority, called on Herve to jump into the pool moments before he drowned, a claim he denied.

However staff members said they had never heard Mr Brown call to Herve and said he had done everything possible to save him.

After considering the evidence the jury returned a verdict of unlawful killing.

At the time the National Union of Teachers in Wales branded the court's decision "disturbing and perverse" and Redbridge Council called a rushed press conference to back Daniel Brown, calling him a man of "considerable promise" who had a long track record with St John Ambulance.Mr Brown remains a council employee.

In August this year papers were submitted by the council to the Court of Appeal.

Redbridge youth worker Daniel Brown challenged the verdict reached in April last year that Herve Bola, a non-swimmer, was unlawfully killed when he drowned during a visit to the Sgwd y Gwladys Falls in south Wales.
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The judge added that the earlier ruling could only be seen by Herve's family, the media and public, "as a verdict that Daniel Brown unlawfully killed Herve Bola".

Herve died while on a week-long trip to the Neath Valley organised by Redbridge Council in July 2002.

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

Herve panicked and drowned within moments of leaping into the cold water.Efforts to rescue him were unsuccessful.

Other teenagers in the group said Mr Brown, who had been helping to supervise their activities and was in the water, had called out to the non-swimmer: "Jump in - I will catch you".

But staff members in the party all testified they had never heard Mr Brown call to Herve and said he had done everything possible to save him.

After hearing that Herve's grieving family did not want a fresh inquest, the judge formally announced a narrative verdict of accidental death.

He said: "Herve Bola, who could not swim, jumped into the natural pool in his response to encouragement from Daniel Brown, who was expecting to catch him."

Herve lived with his grandmother, Francoise Bola, 61, who attended court with his mother, Muzinga Bokwa, to oppose Mr Brown's application.

But all had testified that part-time youth worker Daniel Brown, who was then aged 21 and working for Redbridge Education Authority, had called to Herve to jump into the pool moments before he drowned, a claim he denied.

Staff members in the party all testified they had never heard Mr Brown call to Herve and said he had done everything possible to save him.

Other teenagers on the trip claimed that Redbridge council's part-time youth worker, Daniel Brown, then aged 21, had called to Herve to jump into a natural pool at the falls - a claim Mr Brown denied.
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Herve lived with his grandmother, Francoise Bola, 61, who attended court with his mother, Muzinga Bokwa, to oppose Mr Brown's application.
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Other teenagers in the group said Mr Brown, who had been helping to supervise their activities and was in the water, had called out to the non-swimmer "jump in - I will catch you".

Staff members in the party all testified they had never heard Mr Brown call to Herve and said he had done everything possible to save him.
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Herve panicked on entering the water, and Mr Brown and other supervisors "were unable to maintain their hold on him.

All have said that part-time youth worker Daniel Brown, who was employed by Redbridge Education Authority, called on Herve to jump in.

They claim Mr Brown said he would save him if he jumped and that Herve replied that if he didn't he would drown.

Mr Brown, giving evidence today, dismissed that version of events and insisted that it had never happened.

He said he had never actually spoken with Herve while at the falls area on the day in question, and had not encouraged him to jump into the pool.
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At the time that Herve had jumped in the water Mr Brown had been the only person still in it and had immediately gone to his aid.

He described today how he had been unable to save Herve as he struggled and was forced to let go and leave the pool to remove his boots, before returning.

"He started to panic, flapping his arms quite vigorously and pushing down on my head to keep himself afloat," said Mr Brown.
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"No," Mr Brown replied.

Mr Hutchinson also questioned Mr Brown on whether he felt a buoyancy aid would have been of help, had the group had one with them, in saving Herve's life.

He replied he felt the area in question was too small for an aid to have been useful - agreeing with Mr McLeod's answer to the same question on Friday.

Later, Darrel Grout gave evidence and confirmed the version of events given by Mr Brown.