It was revealed the swimming pool was unsupervised. Prosecutors declared that the risks which led to the accident were foreseeable and could have been prevented. Furthermore, it was also revealed that the Gym staff falsified paperwork so that it would result they were monitoring the pool.
Pierre Carneau, father of the Elsa, said that the incident left a scar on the life of the family. When the staff discovered the body of young Elsa floating in the unsupervised pool they didn't know the woman's identity and were forced to find her clothing to get her ID as they failed to ensure she filled in a customer questionnaire. Elsa graduated the Imperial College and had an active life. She was a 200m runner and before the tragedy she swam 25 lengths of the pool.
Judge Alistair McCreath fined the health club £100k and ordered the company to pay an addition £32k costs. The judge concluded: "A fine cannot be any measure of the value of life that has been lost.
It's impossible to demonstrate the corporate faults of Virgin Active caused this dreadful death so I must punish them not for causing that harm but for the culpability they have"
