Case Summary: Luke Fountain and Ashley Yardy
Feb 11, 2022CASE SUMMARY
Luke Fountain (17 years old) and his stepbrother Ashley Yardy (22 years old) were working by AC, PC & RC Green, a firm that managed wetland on behalf of Kingfishers Bridge Wetland Creation Trust (SHP, 2014). Luke was employed as a gamekeeper, whilst Ashley was assisting him on a self-employed basis. Opened in 1995, the Kingfishers Bridge Project has transformed 150 acres of arable farmland into a wildlife reserve.
On Sunday 11th September 2011, at around 08:00, at a lake near Kingfishers Bridge Wetland in Wicken, Luke and Ashley were tasked with recovering dead birds which had been shot the night as part of a cull. Using a rowing boat, Luke set out into the lake. He fell into the water as he leaned over the edge of the boat to retrieve a lost oar and got into difficulty in the water (Gye, 2011).
Mr Andrew Fountain, Luke's father and Ashley's step-father, was helping Ashley on the lakeside. Ashley, a former lifeguard, entered the water to attempt to rescue Luke. He managed to reach Luke, but as they reached shallow water, they got stuck in the mud, and both tragically drowned. Mr Yardy was recovered from the lake at around 16:15 on Sunday, 11 September 2011. Mr Fountain was found by Metropolitan Water Search and Spartan Rescue divers on Monday 12th September 2011, at around 17:00 (BBC, 2011; Mirror, 2012).
Andrew Fountain, Luke's father and Ashley's step-father, told the inquest he was on the bank and saw the men in the water (BBC, 2013).
There were some geese in the lake which Luke wanted to remove. He went out in a rowing boat to get them off the lake and the boat capsized.
He fell in and Ashley went to the edge, took his wellies off and swam out to Luke. He got hold of him and brought him back to the shore but they both went under so quickly. There was no noise and no bubbles.
I remained at the bank for 45 minutes shouting for them.
Mr Yardy's father, Dave Yardy, said (BBC, 2013):
They were very close as brothers and said they spent a lot of time together. Luke was a caring person who loved animals and the outdoor life.
At the time of his death, Ashley was the father of a baby boy who was 11 months old.
Ashley’s grandfather, Ron Yardy, said (BBC, 2013):
Luke was a very caring lad, that's why he enjoyed doing his job being a gamekeeper. He saw three geese and was trying to check if they were injured or dead when they fell in.
On 21st September 2011, a well-attended remembrance service was led by the Reverend Alan Hulme, Rector of the Ely Ministry, at St James’ Church in Stretham (Cambs Times, 2020). Mrs Fountain and the family said they had been overwhelmed by the public support and condolences for their loss.
We are filled with pride at how well thought of the duo were. As a family, we have been overwhelmed by the generosity of the community in respect of the memorial fund that was set up by the boys’ great friend, Luke Rhenius.
The coroner’s inquest on 13th March 2013 returned a verdict of accidental death.
The HSE brought a section 4(2) HSWA 1974 charge against AC, PC & RC Green for failing to provide Luke with a life jacket or any training in the use of boats or watercraft.
On Friday 14th February 2014, at Cambridge Crown Court, AC, PC & RC Green plead guilty to a breach of s.4(2) HSWA 1974. AC, PC & RC Green was ordered to pay a £60,000 fine and £31,252 in costs (BBC, 2014).
HSE inspector Peter Burns said (BBC, 2014):
This was a tragic and wholly avoidable incident that has taken the lives of two loving brothers and devastated their family and friends. Had Luke been wearing a simple floatation aid, like a life jacket, then he would not have drowned, and Ashley would not have needed to attempt a rescue.
Those in control of lakes that people are allowed to access by boat should ensure that lifejackets are worn at all times unless there are specific grounds for not doing so. That wasn't the case here, and a jacket should have been worn.
Ashley’s family, including his four-year-old son, Nathan, attended a ceremony held at Quy Mill Hotel in Stow-cum-Quay, to receive a certificate from the Carnegie Hero Fund Trust. The UK-based trust, which was established in 1908, aims to recognise civilian heroism and give financial assistance to people who have been injured or to the dependants of people who have been killed in attempting to save a life (Mansfield, 2020). A Facebook memorial page read:
Yesterday was a very special day for the boys’ family and friends as a ceremony was held commemorating Ashley’s brave efforts to save Luke on that tragic day.
Friends and family were invited along to witness the chairman of the Carnegie Hero Trust Fund award commemoration certificates of Ashley’s heroic deed to the family of the boys, greatly accepted by Nathan.
The fund also pledges to help Luke and Ashley’s family with difficulties they may encounter and to aid in a secure future for Nathan.
References (19)
Note: I wish those affected all the best in their future. No part of this article purports to attribute blame. See our methodology page for further details of how these case summaries are constructed.
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Citation: Jacklin, D. 2022. Case Summary: Luke Fountain and Ashley Yardy. Water Incident Research Hub, 11th February.
