When a child tragically passes away in an accident, the sense of loss felt by the parents is extremely devastating.
They’ll always wonder whether the incident could have been prevented by themselves or any number of people.
That sad story, unfortunately, continues in the case of 6-year-old Sherlyn Ler, who drowned in Kallang Basin Swimming Complex in 2017.
Her grieving father’s loss has led to him suing 4 parties including Sport Singapore (SportSG) for negligence.
On 20 Dec 2017, Sherlyn was having a swimming class in the teaching pool of the complex, according to a Coroner’s Report.
At 7.15pm, she was found by other children in the pool to be floating on her back, unconscious.
The swimming coach, Mr Yeo Chwee Chuan, and a lifeguard brought her out of the pool and she was sent to KK Women’s and Children’s Hospital.
Sadly, she passed away on 9 Jan 2018, after 20 days in the hospital, due to her brain having not enough oxygen and blood.
According to the Coroner’s Report, Mr Yeo had guided Sherlyn to the middle of the pool before leaving her there to swim to the edge herself using a swimming board.
He then turned to assist another student.
It’s worth noting that the teaching pool that Sherlyn was in is 45m long by 23m wide. Its depth is between 0.8-1m. The girl, on the other hand, was 1.11m tall.
The Coroner said there were lapses in Mr Yeo’s management of his class, among them being that his formation was poor, adding,
At several points in time, more than one student was out of his line of sight… Ideally, the child, especially one who is not an independent swimmer, should be within arm’s reach.
Mr Yeo’s coaching licence has reportedly been suspended by Sport SG since 17 Jan 2018.
There were 2 lifeguards near the teaching pool that day, Mr Firdaus Rajatmarican and Mr Law Kum Wah.
Mr Firdaus was the lifeguard in charge of both the teaching pool and the wading pool due to a manpower shortage, he said.
Source
He brought his phone with him on duty as he wanted to monitor his mother, who was at home, via an app.
At about 7pm, Mr Firdaus asked Mr Law, who was in charge at the competition pool, to cover him at the wading and teaching pools as he was on his phone.
According to CCTV footage, Mr Firdaus was seen using his phone on duty, then walking across the open seating area towards the toilets at 7.05pm.
After that, Mr Law was seen arranging chairs at the open seating area. He then walked towards the teaching pool at 7.09pm.
That means the teaching pool was left unattended for at least 4 minutes.
The Coroner admonished the lifeguards, reminding them that drowning occurs within 20-60 seconds.
The lifeguard should not be distracted by the use of his personal devices or idle chit chat. He should never leave his post unguarded.
Both Mr Firdaus and Mr Law are no longer employed as lifeguards.
Sherlyn’s mother, who brought her to the pool, was seated at the platform near the
swimming pool so she could keep an eye on the girl.
However, she said that she checked her phone a few times.
She also engaged in conversation with other members of the public.
When she next tried to spot Sherlyn in the pool, she couldn’t find her.
The Coroner’s findings said that Sherlyn’s swimming difficulties went undetected by the coach and lifeguards.
Based on that, her father filed a negligence lawsuit in the High Court against 4 defendants, reported The Straits Times (ST):
The father, Mr Ler Choon Siong, is seeking damages over alleged negligence and failure to ensure reasonable safety at the pool.
SportSG is named as 1 of the defendants because it’s responsible for the management of the swimming complex.
Mr Ler’s lawsuit accused the Government body of failing to take measures to ensure Sherlyn didn’t suffer injury.
One of the things he alleges is that SportSG failed to supervise the lifeguards and coach adequately.
All 4 defendants have defended themselves.
In defence papers seen by ST, SportSG has said that Mr Yeo, the coach, wasn’t an employee at the time.
He was merely a visitor granted a permit to conduct swimming lessons there.
The statutory board also said the lifeguards were sufficiently trained for their duties and kept “reasonable and adequate surveillance”.
On the other hand, all 4 defendants have also pointed to Sherlyn’s mother, blaming her for not being attentive to her daughter.
They alleged that Mrs Ler contributed to the negligence as she was present at the scene, but failed to notice that the girl was in distress.
The Ler family lawyer countered that when parents sign their children up for swimming lessons, there’s an “implicit trust” placed in the instructors, and they’re expected to ensure their child’s safety.
However, she acknowledged that,
Public interest in the case stems from the question of whether parents should be held responsible when their children are under the guidance of instructors.
It’s clear that Sherlyn’s parents are still hurting from the loss of their precious child, even after more than 3 years.
The tragic fatality was surely one that could’ve been avoided, had somebody noticed the girl’s distress earlier.
The parents seek to blame the authorities, and others try to pin the fault on her mother. But what’s certain is that ultimately no one wins in this case, as a life will still be lost.
MS News sends our condolences to Sherlyn’s family. May she rest in peace.
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Featured image adapted from Google Maps.
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