Headmaster on trial over three-year-old boy killed jumping off a step

James Porter, 65, is accused of breaching health and safety laws by allowing pre-schoolers unsupervised access to a flight of steps in the playground.

Kian Williams jumped off the steps and cracked his head while pretending to be Batman.

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He was taken to hospital with bleeding on the brain and died after contracting pneumonia five weeks later.

Mr Porter faces an unlimited fine if found guilty over the tragedy at private Hillgrove School in Bangor, North Wales.

The accident happened on July 7, 2004, when Kian, from Bethesda, was on a morning break with around 60 other children, Mold Crown Court heard.

Nicholas Jones, prosecuting, said teacher Rosemary Philippedes was on duty in the yard at the time.

She had positioned herself to supervise the pupils, who were out on both the upper and lower playgrounds.

But she was unable to see the steps, which were out of bounds to children, from where she was standing, Mr Jones said.

"Kian was an intelligent and lively child, at times more difficult to control than his classmates," he said.

"He was carrying a Spiderman toy, but thought he was Batman. It appeared he thought he could jump from the fourth tread, but the depth of the treads were wider than normal."

Kian misjudged his jump and tripped on the final step, banging his head as he hit the ground.

He was found lying sobbing on the ground by Iran Haq, a 16-yearold former pupil who was on work experience at the school.

Kian was taken by ambulance to Gwynedd Hospital in Bangor before being transferred to Alder Hey Children's Hospital in Liverpool.

Doctors said he had bruising to the right side of his brain and a small amount of bleeding at the base of his skull.

Although initially conscious, Kian suffered a secondary swelling of the brain and fell into a coma.

After around five weeks in intensive care he developed pneumonia. He died on August 11.

A police investigation began after his death.

A four-year-old girl told police she saw Kian jump off the steps.

Detective Constable Ian Burns, of North Wales Police, told the jury: "She (the girl) said that Kian had gone down the steps. She told him not to go down because he was not allowed but he continued anyway."

During a visit to the school with officers the girl pointed to the step and said: "That's where he jumped. He thought he was Batman."

Mr Jones said it was the prosecution's-case that more should have been done to prevent children straying on to the steps.

Gates had since been erected to stop this, he added.

Porter denies one charge of failing to ensure the health or safety of Kian and the other ten kindergarten children at the school.

The case continues.