Five-year-old boy died after falling from harbour wall while fishing, inquest hears

A five-year-old boy died after he fell into a popular tourist harbour while fishing and crabbing with his family, an inquest has heard.

Benjamin Cullis hit his head on the side of a yacht in the incident at Padstow in June last year and died later in hospital.

Cornwall Coroner’s Court heard that the five-year-old was fishing and crabbing with his father and brother when the tragedy happened on the morning of 24 June 2023.

His father, Aidan Cullis, jumped into the harbour and lifted Benjamin on to a nearby boat where first aid was given by an off-duty anaesthetist, paediatric nurse, radiographer and fireman.

Benjamin, from Padstow, was airlifted to the Royal Cornwall Hospital in Truro where tests found he had suffered a “very severe” head injury.

He was transferred to Bristol Children’s Hospital for emergency surgery, but tragically died the following day.

In a statement read to the court, Mr Cullis said they were sitting on a bench along the edge of the harbour wall when the incident happened.

“There was an older woman sat on the bench as well and she commented on how polite they were but also how close they were to the edge,” he said.

“I then said the fateful words of, ‘They are always so careful at the edge’, which they are.

"They had been there so often they know the area and are always extremely careful at the end of the harbour.

“Benjamin found my biscuit and raisin Yorkie bar in the snack box and he was laughing saying, ‘I have found your chocolate and I am going to eat it’, which he did.

“He then got up from the bench and walked to the right to put the rubbish in the bin, but he walked too close towards the harbour edge and walked along the edge towards the bin.

“He was holding the wrapper and fell to his left. I did not see his feet or see where he was looking, I could see him fall.

“He let out a little scream and summersaulted in the air down and his back hit the wire railing of a sailing boat that was moored against the harbour wall.

“Benjamin bounced off and somersaulted again into the water.

"I don’t recall hearing him hit the boat but did hear a splash as he hit the water between the boat and the harbour wall.

“Benjamin was face down in the water.”

Mr Cullis jumped into the water and lifted his already unconscious son on to a moored boat where first aid was administered, and he was taken to hospital.

The court heard that after speaking with doctors, Mr Cullis and his partner Jenna Rickard made the decision to withdraw ventilation.

“We made the decision it was not fair on Benjamin to continue,” Mr Cullis said.

“Benjamin was brought back from surgery and the decision was ours to when life support was removed.

“I looked at Jenna and said it is enough now. We dressed him in his own pyjamas and read him his favourite bedtime story, The Snail And The Whale.

“Benjamin’s breathing tube was removed and he died.”

Devon and Cornwall Police investigated Benjamin’s death and treated it as an accident.

An investigation by Cornwall Council found the harbour was in “full compliance” with the Health and Safety Executive code of practice for harbours.

“No defects were found and there have been no previous incidents recorded of people falling into the harbour unintentionally,” a council report said.

“Since the incident the harbour master and his team have erected unguarded edge signage and painted the mooring staples which could potentially pose a trip hazard to members of the public.

“This was not a causation factor in this incident.”

Andrew Cox, senior coroner for Cornwall, recorded a conclusion of accidental death.

“The relevant circumstances are that on 24 June, Benjamin had been with his family fishing and crabbing around Padstow harbour,” he said.

“Absolutely nothing untoward went on, typical family day in a lovely location – somewhere the family had been many times before and knew well.

“Padstow is a working harbour and you can’t have a working harbour and fence off the edges.

“There is a code of practice that applies to how all harbours should be maintained and following an inspection after these events I am informed there are no problems and meets the code of practice in all relevant regards.

“What has just happened here is that Benjamin has missed his footing, he has gone over the edge of the harbour and fallen into the water.

“On another day he would have fallen in and got soaked and no more than that.

“Tragically, on the way down he struck his head on the edge of a yacht, and he suffered a desperately serious head injury as a consequence.”

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