A company accused of failing to ensure the safety of the boy who died in a leisure pool in Angus will now face trial in July.

Aidan Yule or Sands, from Dundee, was spotted at the bottom of the pool at the Red Lion Caravan Park in Arbroath in June 2011.

The six-year-old Mill o' Mains Primary School pupil's lifeless body was quickly dragged out of the water but he died at Ninewells Hospital four days later.

Loch Earn Caravan Parks Ltd of Errol was charged under health and safety legislation and the case called at Forfar Sheriff Court on Wednesday.

Sheriff Pino di Emidio was forced to apologise to the boy's family, however, as he told them he was deserting the case "pro loco et tempere" (for the place and time).

The Crown intends to re-raise the indictment "as a matter of urgency."

The sheriff explained: "It is a matter of regret that it seems to be not appropriate for me to deal with the matter because not that long ago I was a close colleague to someone who was connected to one of the directors of the company.

"I am very sorry that it didn't come to light until today. The name of a limited company gave no indication that it was someone that I knew.

"I have been asked by the Crown to desert the case pro loco et tempere and it is the Crown's intention to raise the case again, probably around mid July.

"It seems to me best that someone else deals with it and I would express my condolences to the family over what happened in this case."

The boy's father, Kevin Yule, said it was "ridiculous" the trial had still not started five years after the death of his son.

He added: "I just want it all over and done with. They should have about known this in the court. I'm still gutted, really upset."

Aidan's mother, Mandy, around two years later at the age of 36.

The company denies that between July 1, 2007 and June 18, 2011, at the Seafront Leisure Centre, Red Lion Caravan Park, Dundee Road, Arbroath, it failed to ensure so far as was reasonably practicable, that persons not employed by them who may have been affected were not exposed to risks to their health or safety.

The charge alleges it failed to make a suitable and sufficient assessment of the risks to members of the public when using the swimming pool there and failed to provide sufficient measures to ensure the safety of all members of the public using the swimming pool.

In particular, it is claimed the company failed to ensure there was adequate supervision of those using the swimming pool and failed to provide sufficient information, instruction and training to their employees to ensure safe procedure were being followed.

The charge further states that as a consequence on June 18, 2011, Aidan Caleb Yule, also known as Sands, then aged six, who was unable to swim, became submerged under the water when using the swimming pool there and suffered injuries from which he subsequently died.