A paddleboard business owner has been jailed for 10 years and six months

Gross negligence manslaughter following the deaths of four people in 2021.

Nerys Lloyd jailed:

• A paddleboard business owner has been jailed for 10 years and six months for gross negligence manslaughter following the deaths of four people in 2021.

  Nerys Lloyd, 39, from Aberavon, who was the owner and sole director of Salty Dog Co Ltd, was charged with the gross negligence manslaughter of Paul O’Dwyer, 42, Andrea Powell, 41, Morgan Rogers, 24, and Nicola Wheatley, 40, following their tragic deaths following the incident in Haverfordwest Town Weir on 30 October 2021.

  She admitted all four charges on Wednesday, March 5, 2025, along with one count under the Health and Safety at Work Act.

  At her sentencing, the court heard how on 30 October 2021, Lloyd with the assistance of Paul O’Dwyer planned a trip organised through Lloyd’s business.

  However, there had been heavy flooding, and severe weather warnings were in place, which were not heeded by Lloyd. The river was running fast, and the weir was in an extremely hazardous condition.  Lloyd did not check the weir or provide a safety briefing to the participants nor inform them of the presence of the weir.  Despite this, Lloyd facilitated the paddleboarders entering the water and she led the group along the river.

  As the group approached the weir, apart from Lloyd, all the participants were pulled over the top into its base and became trapped before being ejected from the weir.  Four of the participants survived.

  Instructor Mr O’Dwyer, who initially exited the river safely, re-entered the water in an attempt to rescue the others, but was immediately dragged over the top. The four victims died as a result of drowning/immersion.

  A joint investigation by Dyfed-Powys Police and HSE found that Lloyd was not correctly qualified to lead a stand-up paddle board river tour. .  Anyone organising adventure activities for under-18s must be licenced by the Adventure Activities Licencing Authority.

  HSE Inspector Helen Turner said: “I would like to express our sincere sympathy to the families of those who died, and to the survivors whose lives are indelibly affected.

  “Four lives were needlessly lost and survivors traumatised by their experience at Haverfordwest weir.

  “Nerys Lloyd was solely responsible for the decision to enter the water while the river was in flood, and for the attempt to take even inexperienced paddlers over the weir. This was completely reckless and the risk of death was foreseeable.

  “The victims placed their trust in Lloyd to deliver a safe and enjoyable paddle, but through her incompetence, carelessness and complacency she failed to plan or assess the obvious risk at the weir or to take even basic safety measures.  By not discussing the hazards on the route Lloyd robbed the participants of the opportunity to make a reasoned decision on their own participation on the day.

  “Health and safety law is not a barrier to adventurous activities, which are enjoyed by people every day in safety. Organisers must take proportionate action to recognise and manage real risks.”

  Senior Investigating Officer Detective Superintendent Cameron Ritchie, of Dyfed-Powys Police, said: “Firstly, I would like to reiterate my heartfelt sympathies to the families of Paul, Andrea, Morgan and Nicola.

  “The incident that took place in Haverfordwest on October 30, 2021, was an extremely tragic case resulting in the completely avoidable deaths of four people. We heard in court how this incident devastated four families, and we hope that lessons will be learned that prevent this from ever happening again.”

General Information on Control of Risk and Prosecutions:

• Legal Duty:  All employers in the UK have a legal duty to ensure the health, safety, and welfare of their employees and others who may be affected by their work activities. This includes identifying hazards, assessing risks, and implementing appropriate control measures.  
• Risk Assessment:  A fundamental part of controlling risk is conducting thorough and regular risk assessments. This involves identifying potential hazards, evaluating the likelihood and severity of harm, and putting in place measures to eliminate or control those risks.  
• Control Measures: Control measures can include a wide range of actions, such as:
  • Eliminating the hazard completely.
  • Substituting a less hazardous substance or process.
  • Engineering controls (e.g., machine guarding, ventilation).
  • Administrative controls (e.g., safe working procedures, training).  
  • Personal protective equipment (PPE) as a last resort.
• HSE Enforcement: The HSE has various powers to ensure compliance with health and safety legislation, including:
  • Providing advice and guidance.
  • Carrying out inspections.
  • Issuing improvement notices or prohibition notices.
  • Bringing prosecutions in cases of serious breaches.
• Sentencing Guidelines: The courts follow sentencing guidelines for health and safety offences, which take into account factors such as the culpability of the business, the level of harm risked, and the size of the organization. Fines can be substantial, and in cases of gross negligence leading to death, individuals can face imprisonment.
• Importance for Small Businesses: While larger companies may have dedicated health and safety teams, it is equally crucial for small businesses to understand and comply with their legal obligations. Lack of resources is generally not accepted as a valid excuse for failing to manage risks effectively.

 

It’s essential for all businesses, regardless of size, to prioritise health and safety, conduct regular risk assessments, implement necessary control measures, and ensure that employees are properly trained and supervised to prevent accidents and avoid potential prosecutions

If you’d like guidance on meeting your legal obligations or support with risk assessments, control measures, or training, contact us today to speak with one of our health and safety specialists.