The last photo of Nathan Chaina (left) with brother Mathew taken during the school excursion in which he lost his life in 1999. Supplied By Family. Source: The Sunday Telegraph
George and Rita Chaina with their sons Jean-Pierre and Mathew at the family home in Vaucluse. Picture: Taylor Adam Source: The Sunday Telegraph
THE family of a 15-year-old boy who drowned in floodwaters during an excursion with one of Sydney's most prestigious schools has spoken for the first time about how the tragedy left them in emotional and financial ruin.
The Chainas are suing Scots College and the Presbyterian Church for a record $109 million in the NSW Supreme Court after their son Nathan was killed when he fell into a swollen creek at the school's Glengarry campus in Kangaroo Valley on October 24, 1999.
In their first sit-down interview in the 14 years since his death, the Chaina family, from Vaucluse in the city's east, said they had spent $20 million in legal fees seeking justice over the tragedy, which has left them battling depression and suicidal thoughts.
Every night, Nathan's parents George and Rita set a place for him at dinner and later go into his bedroom which has been kept exactly how he left it, complete with a poster of a model on the wall to "tuck him in".
Their lives and those of his brothers, Jean-Pierre and Mathew, have never been the same.
A coroner found in 2001 that the school was primarily responsible for Nathan's death because it had not trained the boys to cope in extreme conditions, ignored weather reports and warnings and had almost no communication with the hikers.
While the school admitted liability, Nathan's mother, Rita, said the family has never received a formal apology from them, only pleas for them to drop their civil case, which they launched in 2002.
The family are seeking to recoup their legal fees and the money they claim they would have earned from a cleaning product invented by Nathan's father George, which they say he was no longer able to work on following the death.
After going through seven legal firms, the family had to start representing themselves in the action from last week after no longer being able to afford exorbitant lawyers' fees.
George and Rita Chaina with their sons Jean-Pierre and Mathew at the family home in Vaucluse. Picture: Taylor Adam Source: The Sunday Telegraph
Their request to have the matter adjourned was denied.
"We've had some horrible times but the thing is, we're fighting because they've done the wrong thing and we want to make sure it never happens again," Mrs Chaina said. "The legal system has failed us."
Mathew, who watched in horror aged 13 as his older brother was swept to his death, said he would not be able to get closure until the case was finished.
"It's not a dream in my head, it's not a movie," he said, fighting back tears. "Part of me is still there wanting to finish (the hike). There are times I've wanted to go back there and kill myself.
"We definitely need closure and we can't get closure until this case is over and we get justice for Nathan. It's not about money. Whatever money we get, it's not going to bring Nathan back."
The family said while many schools had changed their outdoor education policies in the wake of the coroner's recommendations, there was still much more to do in protecting students' safety.
The hearing in the NSW Supreme Court continues Monday.
Scots College declined to comment while the matter was before the court.
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