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Down Hall Country House Hotel firm fined £200k after lovers Komba Kpakiwa and Josephine Foday drown in swimming pool

A hotel company has been fined £200,000 for 'systemic' health and safety failures after two lovers drowned in a swimming pool.

Passing sentencing judge Anthony Goldstaub said that a culture of not dealing with health and safety issues ran right up to hotel firm Veladid Limited's boardroom.

He added: "Managers and other staff were not clear on their health and safety responsibilities.

Josephine Foday
Josephine Foday

"It seems to me very complete and consistent. It was systemic in the sense that it was structural to the directors and managers of the firm from the boardroom level down.

"They did not get a grip of safety procedures and processes."

The breaches came to light in April 2013 after the deaths of nursing student Josephine Foday, of Chatham, and her married lover, father-of-two Komba Kpakiwa.

They drowned in the pool at Down Hall Country House Hotel in Hatfield Heath which was run by Veladid.

Ms Foday, 22, of London and Mr Kpakiwa, 31, of Kent, were both ruled to have died accidentally.

Miss Foday was a second year student studying at Canterbury Christ Church University.

She and Mr Kpakiwa had reportedly been in a relationship.

Mr Kpakiwa is believed to have whisked Miss Foday away to Down Hall Country House Hotel in Hatfield Heath, Essex, for a romantic break.

Judge Goldstaub supported the inquest's verdict.

Down Hall Country House Hotel in Essex. Picture: Polly
Down Hall Country House Hotel in Essex. Picture: Polly

He added: "If I was to conclude that one of those failures led to the two unfortunate people's deaths then the punishment adopted would be hugely increased because of the huge harm."

In sentencing he took into account the damage in reputation and finances the company had suffered since the pair's death.

The company were fined £100,000 each for two charges of breaching health and safety laws at Chelmsford Crown Court.

It was also ordered to pay £30,000 for prosecution's costs at Chelmsford crown court yesterday.

The company had already pleaded guilty to failing in its duty not to expose guests to risk in that it let them use the pool without having sufficient regard to risk assessments carried out by Hygcam Ltd and 4SIGHT Risk Management Ltd.

It has also admitted contravening a health and safety regulation in that it failed to make a sufficient and suitable assessment of the health and safety risks.

The swimming pool has now been converted into a spa.

An inquest previously heard how fellow guest saw Komba Kpakiwa and Josephine Foday joking around and splashing and shouting in the water.

But a few minutes later he found the pair, who could not swim, face down on the surface.

At the time of their deaths no lifeguards were manning the pool and a CCTV camera which covered the area was broken.

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