Brad Sutton : Disturbing Twist: Cooper Onyett’s Death on School Camp

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The parents of a young boy who came perilously close to drowning during a school camp, just moments before another student tragically lost his life, are taking legal action against the state government and an aquatic centre.

Brad and Pearl Sutton, whose son’s identity remains anonymous, are suing the Victorian state government and Belfast Aquatics at Port Fairy in Victoria’s southwest following an incident at Merrivale Primary School’s camp in Warrnambool.

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According to Mr Sutton, their eight-year-old son struggled to keep himself afloat in the water after leaping off an inflatable structure at the deep end of the pool.

‘He couldn’t maintain himself above the water, all that could be seen were his hands peeking out,’ Mr Sutton told the Herald Sun.

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The parents of a young boy who nearly drowned during a school camp, just minutes before another student tragically died, are suing the state government and an aquatic centre.

The distressing incident occurred just five minutes before a second-grade student, Cooper Onyett, tragically drowned during the same school camp.

‘He was submerged for a considerable amount of time, he believed he was going to meet his end that day.’

Mr Sutton disclosed that his son’s goggles quickly filled with water, impeding his ability to keep his head above the surface.

‘I tried to grasp onto the inflatable, but it was so slick that I couldn’t hold on,’ Mr Sutton recounted his son’s words.

A female swimmer at the opposite end of the pool noticed the boy’s distress in the water. She promptly alerted nearby teachers and staff, who swiftly assisted the boy out of the pool.

As per legal documents filed in the Supreme Court, Mr and Mrs Sutton are seeking damages and other expenses due to the incident.

Legal Proceedings and Negligence Claims

The Suttons are taking legal action against the Victorian government and Port Fairy Community Pool Management Group, which oversees Belfast Aquatics, for alleged negligence.

Mr Sutton expressed hope that this legal action would prevent other families from experiencing similar traumatic events.

The tragic incident unfolded just moments before Cooper Onyett’s untimely demise during the same school camp.

The Department of Education admitted guilt to a WorkSafe charge of ‘failing to ensure … persons were not exposed to risk’ following the young boy’s death.

Reports indicate that the aquatic centre has confessed to charges brought by WorkSafe last week.

During a hearing at the Warrnambool County Court, it was revealed that the school had sent out permission slips and medical forms to parents prior to the excursion, inquiring about their children’s swimming capabilities.

Cooper’s mother, Skye, ticked a box confirming his novice swimming status with little or no experience in shallow waters, as per prosecutor Duncan Chisholm.

However, crucial information regarding students’ swimming abilities was never relayed to the pool before sending 28 young students on the trip.

Students were asked to indicate if they could swim upon arrival at the aquatic centre. Those claiming proficiency were directed to an inflatable obstacle course in the deep end of the pool, but many were later identified as weak swimmers and guided to the shallow end.

Cooper (left) is pictured with his mum Skye Meinen

Cooper, identified as a weak swimmer, was observed twice outside the shallow area – leaping into the deep end and onto the inflatable, despite being instructed otherwise.

A swimmer present with her daughter later noticed the boy submerged underwater and initially assumed he was holding his breath.

‘After approximately 40 seconds, she realised something was amiss,’ Chisholm stated.

Despite resuscitation attempts at the pool, Cooper tragically passed away.

Legal Consequences and Accountability

Victoria’s education department has admitted guilt to breaching health and safety regulations in connection with Cooper’s demise, acknowledging a failure to ensure non-employees were not exposed to risks.

‘Had the information regarding the children’s swimming abilities been communicated to Belfast, it could have mitigated the risk of drowning,’ Chisholm highlighted.

During the plea hearing, Judge Claire Quin repeatedly questioned government barrister Carmen Currie about why the school gathered information on the children’s swimming proficiency if not to share it with the pool.

Currie explained that the data was collected for planning purposes, and the department could not predict every detail a provider might require for a school activity.

The responsibility to request such information lay with the pool, according to Currie.

‘The activity involved swimming,’ Judge Quin pointed out.

‘Why gather the information if you don’t intend to provide it to those who need it?’

Chisholm argued that the department shifted its obligation onto the aquatic centre by expecting them to inquire about students’ swimming capabilities.

‘When they drop off children, they’re not simply handing them over and saying, “you’ll be fine,”‘ he emphasised.

Currie mentioned that the department has since mandated schools to disclose students’ swimming abilities to pools.

However, she remarked that there was no evidence suggesting that sharing this information would have impacted how Belfast Aquatics managed the activity on May 21.

Port Fairy Community Pool Management has also acknowledged breaching health and safety regulations.

Judge Quin is slated to deliver sentencing for both the department and pool management on May 31.