The Paphos District Court is expected to announce its decision on October 16, at 11:00 a.m., in the case of a 37-year-old British man charged with causing the death of his three-year-old son through a reckless, careless or dangerous act.
The mitigation proceedings were completed today, Tuesday, with the Court hearing the positions of the prosecution and the defence. Until the decision is announced, the 37-year-old will remain free under the same conditions previously imposed on him.
The prosecution, represented by Chryso Perganti, presented the facts of the case and the relevant allegations, which, it was reported, were not challenged by the defence.
'Tragedy unfolded in a fraction of a second'
Defence lawyer Alexandros Alexandrou then presented the facts and the criteria which, according to the defence, should be taken into account when determining the sentence. He also submitted documents and evidence, asking for the lowest possible sentence provided for by law to be imposed.
The defence focused on the circumstances in which the tragedy occurred, arguing that it was a moment of inattention and that the events unfolded within a fraction of a second.
During the presentation of the case, the prosecution representative said that the defendant, with his written consent, underwent an alcohol test and a drug test. The initial test showed an alcohol reading of 34 mg, while a subsequent laboratory report indicated, according to the prosecution, that at the material time of the incident the 37-year-old had 124 mg of alcohol in his system.
No evidence to support alcohol played a role
The defence placed particular emphasis on this issue, arguing that the reference to alcohol was an element of the evidentiary material, but that there was no evidence that alcohol consumption had affected the defendant’s behaviour. “There is no evidence that he was unable to communicate or that he was staggering,” the lawyer said.
He said that immediately after the incident his client interacted with dozens of people, including doctors, police officers and nurses. Mr Alexandrou described the relevant alcohol report as an estimate based on a mathematical equation.
The defence asked the Court to assess the 37-year-old’s degree of culpability and take into account his personal and professional circumstances. It referred to his admission, his clean criminal record and his long professional career.
If the Court decides that a prison sentence should be imposed, the defence asked for it to be suspended. It also said that the tragedy experienced by its client could not be overcome through the imposition of a sentence, but would remain with him for the rest of his life.
Source: CNA
