Belfast Telegraph

Drunk man who dropped six-month-old baby out of window jailed for GBH

By Michael Donnelly

A drunken 21-year-old man who ran off after he had "dropped" a baby out of a window, fracturing the infant's skull, has been sentenced to two-and-a-half years prison.

Judge Stephen Fowler told Timuras Kozlov the very least he could have done was to have explained what had happened to the six-month-old child after returning the youngster to his mother's flat.

With time already served, Kozlov of Derrychara Drive, Enniskillen, who has been in custody since the incident on May 6 last year, should be free to return to his native Lithuania within the next three months.

He had been accused of attempting to murder the infant, but the charge was withdrawn when he admitted unlawfully inflicting grievous bodily harm to the youngster.

Dungannon Crown Court had heard that Kozlov, who had never held a baby before, let the child fall as he held it by a second-floor open window.

Judge Fowler said it was "patiently obvious" that standing by an open window with a child in his arms while drunk could have lead to injury, adding "fortunately the baby did not suffer life changing or catastrophic injuries, which could have easily have happened".

However, Judge Fowler later added that while Kozlov's culpability was high, in mitigation there was his guilty plea, youth, clear record and inexperience with children.

The Dungannon court heard previously Kozlov had been visiting the second floor Castlecoole Road flat in Enniskillen and had ended up drunk. Kozlov had been left in charge of the baby and his older toddler brother.

Prosecuting QC Jackie Orr then told the court that Kozlov later told police he had never looked after children before and was unsure what to do when the infant began crying.

Reading from a set of "agreed facts", Ms Orr said that Kozlov lifted the crying youngster from his baby chair and was standing by the opened window nursing him, but was "distracted" by the youngster's sibling. As he turned to look at him, the baby "fell from his arms out of the window".

Although Kozlov was captured on CCTV running down stairs to rescue the child, when he returned him to the flat, he said nothing of what had happened before running off.

In his earlier defence submissions, counsel Desmond Fahy said Kozlov fully accepted he should not have held the baby near an open window and, while not "trying to absolve himself of criminal responsibility, he never harboured any intention to harm the baby, which is accepted by the PPS".

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