British father back in court as defence prepares mitigation over son’s death

The British father who pleaded guilty in connection with the death of his three-year-old son is due back before Paphos district court at 10.30am on Tuesday, when the prosecution is expected to set out the facts of the case and the defence will present its plea in mitigation. The 37-year-old had been due before court on Monday for mitigation and possible sentencing, but proceedings were postponed for a day after his lawyer, Alexandros Alexandrou, said a supporting document from the UK had not arrived in time. During Tuesday’s proceedings, the prosecution is expected to first outline the facts surrounding the death of the three-year-old boy, who fell from a fourth-floor window at a hotel in Chlorakas on July 12, the first day of the family’s holiday in Cyprus. The defence will then submit its written mitigation and supporting documents before making further oral submissions. Alexandrou said on Monday that the mitigation would address not only the father’s personal, financial and employment circumstances, but also the circumstances of the incident itself and the degree of culpability the defence believes should be attributed to him. While the father has admitted causing death by a rash or negligent act and pleaded guilty at his previous appearance on September 22, the defence maintains that the nature and degree of the negligence will be important when the court determines the appropriate sentence. Alexandrou also said there remained a possibility of a separate hearing if a material disagreement emerged between the prosecution and defence over facts relevant to sentencing. It remains unclear whether the court will impose sentence on Tuesday. Alexandrou said following Monday’s adjournment that a decision could come either on Tuesday or later in the week. The charge carries a maximum sentence of four years’ imprisonment, although the defence has said it will ask the court for the minimum possible penalty. The defence had earlier asked the attorney-general to suspend the prosecution on humanitarian and public-interest grounds, citing the devastating impact of the child’s death on the family. The request was rejected and the prosecution continued. The father had previously been allowed to return temporarily to the UK to attend his son’s funeral before returning to Cyprus for the court proceedings.