Father pleads for change as inquest hands down findings into drowning death of toddler Jake Rhodes

The Central Coast father has carried the guilt for three long years after “feeling the soul” leave his son’s body as he performed resuscitation and heard the gut-wrenching “gurgling” sound that will “haunt me until the day I die”.

What if the fence hadn’t been open? What if the pool wasn’t full of water? What if he didn’t turn his head?

Would Jake still be alive today?

The questions have remained since January 17, 2015, the day Jake died after being found face-down in a backyard pool at Pimlico, near Ballina, where the family was staying with a friend.

While acknowledging his own errors, Mr Rhodes said a coronial inquest in Newcastle last week taught him there were regulatory failures as well.

The coroner found on Tuesday Jake most likely gained entry to the pool through a temporary fence, with the inquest hearing a panel had been removed prior to the toddler’s death so the near-complete pool could be used for swimming.

Mr Rhodes had been building a permanent fence at the time Jake gained entry. He was metres away when Jake went in, describing drowning as a “silent killer”.

Mr Rhodes said pool builders “need to look at things more seriously”.

He believed lives could be saved if child-proof fences were installed at the same time the pool was filled with water.

“What’s more important, ease of access or a child’s life?” he said.

Mr Rhodes said temporary fences “left room for the system to fail” despite strict rules surrounding other fences. 

Homeowners are only required to install a permanent fence after construction of the pool is complete. It is not mandatory for contractors to include the long-term fence as part of the build.

“If they look at the temporary fences the same as a permanent fence – with a swingable, lockable gate – it could have saved my son’s life,” Mr Rhodes said.

“I blame myself for my son’s death. I have carried the guilt, but this trial has showed me there were safety measures that failed as well.

“Not only did I fail Jake, but the legislation let him down too.”

He described Jake as a “beautiful boy” taken too soon.

“Don’t take your eyes off your kids,” he warned other parents. “It’s amazing how quickly a drowning can happen.”

THE state government should consider changing the law so homeowners are better warned not to enter pools still under construction, the NSW Deputy State Coroner has recommended.

The findings come in the wake of the drowning death of 21-month-old Jake Rhodes, who died a day after he was found face-down in a backyard pool in Pimlico, near Ballina, in 2015.

Jake gained access to the pool through a temporary fence that had been partially opened.

A two-day inquest held in Newcastle last week explored various issues surrounding the Gosford toddler’s death.

In handing down the findings in Sydney on Tuesday, Deputy State Coroner Derek Lee concluded that the pool owner, Danielle Forsythe, received “no written instructions” and verbal instructions warning her that the pool could not be used until final approval was granted were “ineffective”.

He recommended to the state government it should change the law “to provide for warning notices to be erected and maintained” during pool construction that state the pool is not to be used until a final occupation certificate is issued.

Mr Lee also recommended Ballina Shire Council consider sending correspondence relating to the certificate directly to homeowners. 

The pool builder, Bragg Enterprises Pty Ltd, should consider providing “explicit written instructions”, he said.

Ms Forsythe told the inquest the builder said the “water was OK” for swimming.

However, her evidence was in contrast to the builder who said he gave “very clear” instructions the pool could not be used.