The hopeless inadequacy of such a system has sadly been highlighted by the tragic drowning of Thomas

Sheriff David Mackie

Imposing the fine, Sheriff David Mackie said that the supervision of the water feature where Thomas died had rested with a single lifeguard.

"The hopeless inadequacy of such a system has sadly been highlighted by the tragic drowning of Thomas," he said.

"It is of no consolation to his family that health and safety issues were under review at the time."

The court heard that the four-year-old was taken to the Aquadome on a Saturday with his twin sister Shannon and other members of his family.

It was the first visit to the pool for Thomas, who could not swim.

Artificial current

He disappeared from the children's pool and was spotted a short time later face down in a feature called the "Lazy River".

Depute fiscal Aileen Thom told the court: "This feature is considered the most dangerous in terms of the risk because it consists of a channel of water one metre deep which has an artificially created current which is quite strong."

The efforts of pool staff and medics at the city's Raigmore Hospital failed to revive the boy.

The company has acted in very significant ways to ensure that this can not happen again

Douglas Russell Defending solicitor

Ms Thomas said Caledonia failed to operate a system to ensure unaccompanied children did not gain access to the Lazy River.

She also told the court that the single lifeguard responsible for the feature could not adequately keep all swimmers under observation.

However, despite previous staff concern about the situation, nothing had been done to improve supervision at the pool.

Caledonia's lawyer Douglas Russell said major safety improvements had been carried out at the pool since the accident.

Company's sympathy

"I want to express to the family of Thomas the regret and sympathy of the directors, the chief executive, the management and staff of Caledonia," he said.

"It is not a satisfactory or acceptable outcome for a small boy to be swimming and not come out alive.

"The company has acted in very significant ways to ensure that this can not happen again."

He said a health and safety review had been under way at the leisure complex before the accident, but had not been fully implemented.

"Aquadome is now one of the safest swimming facilities in the UK and the people of Inverness can be proud again to have a leisure facility of this type," he said.

'Definite failure'

Thomas' mother Vivienne Duff later issued a statement through her lawyer, Bobby McDonald.

He said: "Miss Duff felt it was appropriate the company was prosecuted because it was a definite failure on their part.

"Her hope all along was that measures were implemented so the same tragedy does not happen to another family.

"She would like to thank the children who spotted Thomas and those who attempted to resuscitate him."