Questions were raised over the qualifications of life-guards on duty at Portora swimming pool on the day eight-year-old Paul Bogue got into difficulty, at the inquest into his death.

However, this suggestion was refuted by the Health and Safety Executive who judged the level of supervision and qualification at the pool was within the legislation, and said no prosecutions had arisen from the incident.

An expert witness, Andrew Ebbon, from the Royal Life-Saving Society UK, suggested to the court that Paul may have suffered from hyperventilation in the pool which led to his near-drowning. Paul and his friends were racing each other underwater. Mr Ebbon said Paul may have taking a number of deep breaths before going under the water in the belief this would allow him to swim further before coming up for air. He explained this in turn can lead to a loss of consciousness. Particularly in a case such as this were Paul had been repeatedly swimming backwards and forwards across the pool, therefore the cumulative effect of doing this could have had an impact on Paul.

The coroner John Lecky said this was a possibility, but he said other conditions such as cardiac arrhythmia were as likely to have occurred to Paul. But that all of this was conjecture, and he said 'there is no evidence to support any of these suggestions.'

However, Mr Ebbon raised a further concern saying he did not believe some of the life-guards on duty at Portora on that day would have been sufficiently trained to recognise the signs and risk of hyperventilation. He suggested: "Life-guards should be trained to prevent it happening, rather than pick up the pieces afterwards." Mr Ebbon also called for greater emphasis to be placed on the dangers of hyper-ventilation during life-guard training.

He did admit however, that life-guards on duty that day had responded in 'an entirely appropriately way' when Paul was taken from the water and had administered resuscitation as trained. Indeed their response was praised in independent evidence from Dr Ian McConaghy, a London-based Paediatric Consultant, who the coroner had asked to review the case.

Dr McConaghy said they responded quickly and aided resuscitation, he added: "They have to be commended for their very speedy response to a sad situation."

Health and Safety Inspector Kevin Campbell was the last witness to take the stand. He explained the Health and Safety Executive had investigated the circumstances surrounding Paul's death. However he had recommended no prosecution be taken, this decision he said had been reviewed by a number of his superiors, up to the level of the Chief Executive of the Health and Safety Executive, and each of them had agreed there had been "no serious breach of health and safety legislation to warrant handing the case over to the Public Prosecution Service."

Mr Campbell was further questioned about the qualifications of some of the life-guards on duty. In particular that of James Elliott, who was manning the section of the pool where Paul had been swimming. Mr Campbell explained Mr Elliott had attained his Bronze Medallion, but said this was a very recent qualification, that he was in fact waiting for receipt of his certificate.

This was also Mr Elliott's first full day working at Portora pool. Mr Campbell also confirmed there is no age restriction when an individual can attain a Bronze Medallion.

Mr Campbell said he had spoken with Mr Elliott about his qualification and the life-guard had told him he was not aware of what other qualifications existed with regard this job. Mr Elliott also confirmed to the Health and Safety Executive that his training had not explained the dangers of swimming underwater.

The Coroner suggested given that this was Mr Elliott's first day on the job he may in fact have been extra-vigilant when watching the water.

Mr Campbell confirmed there was at least two extra pool attendants on poolside than required with a third manning the gate, and said: "I am satisfied a sufficient number met the legal requirements" in terms of their qualifications.

Mr Campbell also explained there was a Risk Assessment in place at Portora in July 2006.

Mr Lecky highlighted how rare a near-drowning incident like this is when he explained he has been involved with Coroner's courts since 1985 and said: "Paul's death is the first one I have come across, in a child or an adult, that has arisen from a near drowning incident. In my experience it seems to be a very rare fatality."