The defence lawyer representing a 37-year-old British man in the case of the death of his three-year-old son has described the circumstances surrounding the tragedy and the moments before and after the incident, saying the father maintains that “everything happened so suddenly, in seconds”.
Speaking after Wednesday’s court proceedings, Alexandros Alexandrou said the father had been playing happily with his child and had not realised there was a window next to him.
The lawyer stressed the defence’s position that the incident unfolded within a very short period of time and that there had been no stressful or negative situation beforehand that could explain a loss of concentration.
According to Alexandrou, while the father was playing with his child, “he was not thinking to check whether the window continued beyond the one pane that was closed and whether there was a second pane. He noticed that there was a closed window while he was playing.”
Defence points to ‘joy of the moment’
Alexandrou referred to the “joy of the moment” in explaining the circumstances in which, according to the defence, the father did not have the necessary awareness of his surroundings and the specific location.
Asked by reporters about the presence of the 37-year-old’s father-in-law at the time of the tragedy, Alexandrou confirmed that he had also been present and said that, from what he understood, the father-in-law had not paid particular attention to the area either.
The lawyer also referred specifically to the father’s account of the critical moments resulting in the death of his three-year-old.
According to Alexandrou, the father describes events as having unfolded extremely quickly, without time for a conscious reaction or to understand exactly what was happening.
The father says “everything happened so suddenly, in seconds”, his defence lawyer said. He picked up his child and, according to the 37-year-old’s account, the child pushed with his legs. The father maintains that he did not throw the child himself, while Alexandrou said there was no definitive answer as to exactly how he had been holding him.
Lawyer addresses alcohol evidence
Asked about alcohol consumption, Alexandrou distinguished between a reference contained in the evidence and whether it had any effect on the defendant’s behaviour or perception.
He said the issue of alcohol “is something that was simply mentioned as a fact, as a statement that exists in the evidence”.
Alexandrou said there was no testimony indicating that the defendant had been in a condition in which he was unable to communicate with those around him or that he was distracted.
The defence lawyer also focused on the 37-year-old’s behaviour after the incident, arguing that he interacted with a large number of people, including professionals who, he said, were in a position to assess his psychological and mental state.
The defendant, Alexandrou said, “interacted with dozens of people after the incident, including people whose job it is to assess state of mind, doctors, nurses, and police officers”.
Through this argument, Alexandrou said, the defence is questioning whether a reference to alcohol consumption can, on its own, lead to a firm conclusion about the defendant’s condition at the time.
Defence disputes conclusions over alcohol level
Asked specifically about the amount of alcohol indicated following a specialised examination, the defence lawyer said “this is not something that can be established with certainty, and I am sorry that you are referring to it in that way”.
According to the defence’s position, he said, the estimate is based on a particular methodology.
“It is an assumption, a mathematical equation based on the literature of Mr Koutselinis,” Alexandrou said.
He added that if the finding were disputed and formed the basis of a separate charge at trial, other factors would also have to be examined.
“If, at trial, this constituted a charge that he was intoxicated and there was a second charge, we would go into deeper arguments such as height, alcohol tolerance, when it was, whether the body was in the absorption phase, whether the alcohol was leaving the body, what type of drink he had, and so on,” the lawyer said.
“Therefore, all these criteria clearly do not contribute on their own,” he continued.
Concluding on the issue, Alexandrou said: “It is a reference and we must present it as such.”
Possible consequences of conviction
The defence lawyer also addressed the possible consequences for the 37-year-old if he is convicted, particularly if a prison sentence is imposed.
Alexandrou said his client risks losing his professional status in the event of a prison sentence. A custodial sentence, including a suspended sentence, could potentially result in his removal from the association of chartered accountants, he said.
Concluding, Alexandrou referred to the gravity of the three-year-old death case, saying that regardless of any sentence that may ultimately be imposed, the consequences of the tragedy will remain with the father for the rest of his life.
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