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Head guilty after fatal step fall Head guilty after fatal step fall
(about 2 hours later)
The headmaster of a private school in Bangor has been found guilty of a breach of health and safety laws after the death of a three-year-old pupil. The headmaster of a private school in Gwynedd has been found guilty of a breach of health and safety laws after the death of a three-year-old pupil.
Kian Williams died a month after jumping off brick steps at Hillgrove School while pretending to be Batman. Kian Williams died a month after jumping off steps at Hillgrove School, Bangor, while pretending to be Batman.
James Porter, 66, was convicted by an 11-to-one majority after a seven-day trial at Mold Crown Court.James Porter, 66, was convicted by an 11-to-one majority after a seven-day trial at Mold Crown Court.
The judge said Kian had been allowed unsupervised access to the steps which exposed him other children to risk. The judge, who will fine the head later, said unsupervised access exposed Kian and other children to risk.
Kindergarten pupil Kian, from Bethesda, had been carrying a Spiderman toy when he jumped from the fourth step from the bottom of the flight.Kindergarten pupil Kian, from Bethesda, had been carrying a Spiderman toy when he jumped from the fourth step from the bottom of the flight.
Schools and nurseries should be safe environments where parents feel totally safe leaving their children Jacqueline Williams, mother
He landed face forwards, causing head injuries which led to a coma and pneumonia, and died in hospital a month later.He landed face forwards, causing head injuries which led to a coma and pneumonia, and died in hospital a month later.
Kian Williams had been at Hillgrove School for two terms The court was told the pneumonia that Kian had developed had been a strain of MRSA resistant to antibiotics, and there could be "no doubt" the infection had caused Kian's death in August 2004.
The jury was told there had been only one teacher on duty when the incident happened during the morning break, who was supervising 59 pupils. The jury was told there had been only one teacher on duty supervising 59 pupils when the incident happened during the morning break.
The teacher had positioned herself so she could supervise both upper and lower playgrounds.The teacher had positioned herself so she could supervise both upper and lower playgrounds.
But she had been unable to monitor the steps - to which there was no physical barrier - from where she was. Kian Williams had been at Hillgrove School for two terms But she had been unable to monitor the steps - to which there was no physical barrier - from where she was.
Summing up, Nicholas Jones had told the jury it must not be fooled into thinking that the Health and Safety Executive (HSE) charge against Mr Porter was very precise. Summing up for the prosecution, Nicholas Jones said Kian had been allowed unsupervised access to the steps which exposed him and the 10 other three and four-year-olds in the kindergarten class to a risk to their health or safety.
No-one was saying that the steps at the school were dangerous in themselves, he said. He said more staff should have been on duty, and there was no reason why a gate erected following the accident in July 2004 could not have been put up before.
'One in a million' Defence barrister Patrick Harrington had previously told the court it was a "one-in-a-million" accident, and had highlighted the school's exceptionally good accident record.
But Kian had been allowed unsupervised access to the steps which exposed him and the 10 other three and four-year-olds in the kindergarten class to a risk to their health or safety. 'Major disappointment'
He said more staff should have been on duty, and there was no reason why a gate erected following the accident in July 2004, could not have been put up before.
Defence barrister Patrick Harrington had previously told the court it was a "one in a million" accident, and had highlighted the school's exceptionally good accident record.
The only penalty under the Act is financial. This is not a case which carries imprisonment, Judge Rogers
Porter, who also owns the school, had told the court that Kian had known he was in an out-of-bounds area.Porter, who also owns the school, had told the court that Kian had known he was in an out-of-bounds area.
He said that the playground supervision was sufficient because of ethos of the school, whose pupils were well behaved and looked after each other. He said the playground supervision level was enough because of the ethos of the school and the pupils' self-disciplined behaviour.
The accident could have occurred if four people had been on duty, he said. Judge Rogers adjourned the case for sentencing, saying the penalty was a fine, but he would need up-to-date accounts before he could fix the level.
Before they jury had retired to consider the verdict, Judge Rogers had warned them to consider the case "with their heads and not with their hearts".
He called it a tragic, heart-breaking case, but said they could not reach verdicts based on emotion, but by considering the evidence in an objective way.
After the verdict he adjourned the case for sentencing saying: "The financial resources are of relevance in determining the penalty.
"The only penalty under the Act is financial. This is not a case which carries imprisonment," he said.
Porter, who had denied breaching health and safety laws, was given bail until the 28 September, when he will return to court to be sentenced.Porter, who had denied breaching health and safety laws, was given bail until the 28 September, when he will return to court to be sentenced.
His solicitor read a statement saying the outcome was a "major disappointment" for both him and his wife Sylvia, who had both run the school for more than 30 years.
Kian was not old enough to make decisions for himself Ken Williams, grandfather
It read: "This verdict means that a highly responsible and dedicated headmaster has been given a criminal record over a tragedy, described in court as one-in-a-million."
Kian's parents, Jacqueline and Dafydd Williams, who are now taking legal action against the school, said they hoped the publicity surrounding the case would prompt other schools to check their supervision and possible hazards.
In a statement, Mrs Williams said: "My husband and I are in no way vindictive.
"Every parent knows you should put stair gates up to stop children climbing or falling down steps but there was no barrier to stop Kian falling.
"Schools and nurseries should be safe environments where parents feel totally safe leaving their children.
"We felt it was our duty to see that the circumstances of Kian's death were fully investigated for his sake and for the sake of children and parents everywhere."
Speaking on the steps of the court, Kian's grandfather Ken Williams expressed his relief at the verdict, saying: "Kian was not old enough to make decisions for himself. He was just a baby."