Second carer’s evidence backs colleague

(CNS): A second former care home worker charged with the manslaughter of Risco Batten (14) echoed evidence given by his colleague when he took the stand Thursday. The teenager drowned more than four years ago during a tragic fishing trip at South Sound. Larry Levers (47), who worked with Micheal Stewart at the Bonaventure Boys Home and was team leader on the fateful fishing trip, told the court that he had been to the location with the boys “countless times” and the home was well aware of that.

As Levers recounted the day’s events, he said the decision to go to South Sound was based on conditions elsewhere and was not unusual, as it was a commonly used location. He said the management of the home was aware that the boys had gone to the spot before and no one had ever suggested it was unsafe because of undercurrents or any other reason.

Levers said that when they arrived the sea was calm and the conditions were good for fishing. He confirmed that at the time there were no signs on the beach warning people of any strong undercurrents, though since Batten’s death signs have been erected.

After circling up with the boys for a chat, he gave them permission to wade into the water to cast their lines, he said.

All was well for around 20 minutes, he said, then out of nowhere a large wave swell came through and the boys began cursing in reaction. Seeing the change in the state of the sea and the fact the boys were using profanity, Levers and Stewart began calling them back to shore.

He said that as they started to wade back, the sea got increasingly rough and both he and Stewart urged them to come out of the water quickly. He said Batten was the tallest of the boys so they could see his head, but when another wave came he disappeared.

It was then that they called 911 and he asked Stewart to go to the road to wait for them. Some of the boys returned to the shore and grabbed the canoe and they went back in to look for Batten.

At that time the first police officer arrived on scene. Between them, the boys and the police officer were able to get Batten on the canoe and to the shore to where the paramedics were waiting. Despite efforts to revive the teenager, he was later pronounced dead at the hospital.

It is the crown’s case that Levers and Stewart, experienced care home supervisors, were so negligent in the care of all the boys that day that they are culpable for Batten’s death. This is based on the position that the two men did not follow policies and procedures, that they took the boys to a dangerous location and then failed to properly supervise them, that they allowed them into the sea without considering the risk of drowning and were not capable of effecting a rescue if necessary, as was the case.

However, several of the crown’s witnesses have already confirmed that there were no real policies and procedures in place at the home to guide fishing trips or other off-site activities. This was confirmed by both Levers and Stewart, whose accounts of the day as well as the background circumstances corroborate each other.

The case continues.