Adrian Miles died at the Walsall Campus of Wolverhampton University while using the pool as part of his rehabilitation
after suffering a serious back injury playing in a charity rugby match.
Mr Miles, a father of three, who lived in Sutton Road, Walsall was lying at the bottom of the pool for around 30 minutes
before being spotted by other swimmers.
Richard Leek was a lifeguard on duty at the time and he had been charged by the Health and Safety Executive for breaching his duty at work.
The 31-year-old who was policing the shallow end of the pool pleaded not guilty to the charge and a jury failed to reach a
verdict at the end of his trial at Wolverhampton Crown Court.
The case was back before the Court on Friday, November 13 when the prosecution decided against a retrial and offered
no evidence against Mr Leek of Broad Lane South in Wednesfield.
Alex Cotterill was also on lifeguard duty at the time of the death of Mr Miles who was using a mask and a snorkel but he was found guilty by the jury and fined £200 on October 26 having also denied the charge.
The three week trial was told 28-year-old Cotterill of Leighton Road, Penn, Wolverhampton had been responsible for the deep end of the pool in Gorway Road but he had been chatting to friends while Mr Miles lay on the bottom.