The ‘arrogant and self-centred’ stepfather of a five-year-old who drowned at a water park after being left alone for two hours even though he couldn’t swim was jailed for seven-and-a-half years today.
Charlie Dunn was found at the bottom of the Blue Lagoon pond at Bosworth Water Park in Leicestershire in July last year by children looking for some goggles.
Paul Smith has been jailed at Birmingham Crown Court for seven-and-a-half years for gross negligence manslaughter, witness intimidation and a driving offence today.
Charlie’s mother Lyndsey, 28, was given an eight-month suspended sentence for child cruelty and appears to be standing by her partner.
The boy, who could not swim, was pulled from the water by other children who felt his lifeless body beneath their feet in July 2016. He had been submerged for 22 minutes.
His stepfather, who told the court he was an ‘impeccable’ step-father to Charlie, was seen smoking nearby and heard exclaiming: ‘For f***’s sake, we’re ready to go. I don’t know where he f****** is’.
Paul Smith (right) pleaded guilty at Birmingham Crown Court to the manslaughter of Charlie Dunn and was jailed for seven years today. Charlie’s mother Lynsey Dunn, 28, (left) admitted two counts of child cruelty
Charlie was found underwater in a lagoon by swimmers at Bosworth Water Park in Leicestershire in July last year. He couldn’t swim but was left unsupervised for two hours and was submerged in the water for 22 minutes
His mother Lyndsey, 28, pictured today, admitted two counts of child cruelty and was given a suspended sentence
Mrs Justice Jefford sentenced Smith to five years and two months for Charlie’s manslaughter with a consecutive two-year term for threatening to petrol-bomb the home of a witness and a further four months for driving while disqualified.
Dunn, 28, was given an eight-month suspended jail term after admitting neglecting Charlie in a separate incident in 2015.
The then four-year-old was seen by a neighbour pedalling a toy car towards a busy main road, and was only saved from riding into the traffic by the woman, who ran after him.
The judge added that the second count related to an incident the jury ‘hadn’t heard anything about’.
The Crown Prosecution Service (CPS) dropped the manslaughter proceedings against the mother.
Passing sentence the judge rejected Smith’s claimed that he had been an ‘impeccable’ stepfather, the judge told him: ‘Nothing could be further from the truth.
‘One father (in the lake at the park) had to explain to another that Charlie was not his son.
‘You were completely indifferent to Charlie’s whereabouts and safety.
‘This was not a case in which there was an isolated and momentary lapse in care and supervision.’
The judge said of the children aged 10, 11 and 12 who found Charlie and pulled him from the water at least 20 minutes after he was last seen: ‘This must have been a horrific experience for them and I take this opportunity to praise the care that these young boys showed for Charlie.’
Dunn and Smith, pictured together at a previous hearing, are believed to be still together
During her sentencing remarks, the High Court judge said Smith appeared to have ‘simply given no thought’ to Charlie’s safety.
Charlie, who could not swim and was said to be ‘terrified’ of water, was pronounced dead in hospital after being found in the 4.5ft (1.4m) deep children’s pool at Bosworth Water Park in Leicestershire in July 2016.
Charlie was four-year-old was seen by a neighbour pedalling a toy car towards a busy main road, and was only saved from riding into the traffic by the woman, who ran after him
The jury heard how Smith had been heard saying ‘For f***’s sake, we’re ready to go. I don’t know where he f****** is’ as he smoked a cigarette, just moments before Charlie’s body was discovered.
Prior to sentence, it emerged that Charlie was made the subject of a social services child protection plan in November 2012.
Smith, who has 10 previous convictions for 28 crimes, was ‘a person of interest’ for the authorities because of the nature of his first offence.
Social services are known to have become involved with Charlie, whose death is being examined by a serious case review, when he was 14 months old.
The court heard Staffordshire County Council had noted ‘poor home conditions, a lack of food and poor hygiene’ before putting in place a child protection plan.
Smith ‘had a status of being a risk to children’, the court heard, but it wasn’t made clear why.
But there was no evidence of Charlie having come to harm when the plan was put in place, prosecutor Mary Prior QC said.
Addressing the judge before sentence, Mrs Prior told the court Dunn was of ‘limited intellect’ and had no previous convictions.
The prosecutor said of Smith: ‘He took the view that Charlie, aged five, could fend for himself in among 1,000 people, in the water.
‘When he was discovered missing, his starting point was to shout and to swear and to blame anyone and everyone but himself.
‘This arrogant and self-centred man ignored warnings and Charlie paid the ultimate price for that arrogance.’
Staffordshire councillor Mark Sutton, cabinet member for children and young people, said in a statement: ‘This was an incredibly sad case and our sympathies are with Charlie’s wider family today.
‘A serious case review is currently being conducted to examine what lessons may be learned by partners to help prevent such a tragic event happening again.’
The Blue Lagoon lake where Charlie was found dead by boys looking for swimming goggles under the water
Prosecutor Mary Prior QC said: ‘At the time he died neither of his parents knew where he was. This is not a case where Charlie had run off. Charlie had been permitted to go off by himself.
‘The prosecution say that Charlie died because he was not supervised by an adult.
‘He was left alone in a busy park at five years old in circumstances where there was a clear and obvious risk that he might come to very serious harm leading to his death.’
The jury was told that on the day of his death, Charlie strangers had ended up supervising him, with some witnesses mistaking one man for his father.
Detective Inspector Nikki McLatchie, the deputy senior investigating officer for Leicestershire Police, said outside court: ‘There were up to 1,000 people at the park that day.
‘People who we knew would be able to provide us with the vital information to help our investigation into what happened to Charlie.
‘Witness testimony showed that Charlie was left alone on numerous occasions, despite him not being able to swim.
‘Smith was looking after Charlie at the park, and his failure as a parent came with the most tragic consequences and ultimately led to his death.
‘This has been an incredibly difficult and complex case to investigate, and has involved many different forms of enquiry over the last 17 months.
‘There were hundreds of people at the park that day, many of whom came to Charlie’s aid, and who were understandably shaken by what happened.
‘I would like to thank all those who came forward to help with our investigation, and while it won’t bring Charlie back, hopefully the guilty plea will bring some comfort to all those who knew him.’