A council has been told to pay £200,000 for failing to take precautions at a popular swimming lake where a man died.

Kevin Gay, 47, hit his head on a submerged post as he was swimming in the marine lake in Maldon's Promenade Park.

A court heard how the Shoeburyness father-of-two later died from his injuries in hospital.

Maldon District Council denied a charge under Health and Safety rules of failing to ensure adequate arrangements to protect people using the site from submerged objects.

But it was convicted on a unanimous verdict after a two-week trial at Chelmsford Crown Court.

Judge Gareth Hawkesworth said the council had failed in its duty to protect the public.

He fined the council £75,000 with £125,000 costs but gave it five years to pay.

The council's barrister, Ronald Thwaites QC, said it had a "miniscule budget" of £6 million a year and any large fine would mean at least £1 on the council tax for every householder.

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Published Thursday, September 16, 2004

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