The Larnaca District Court today sentenced Dr. Heracles Pantelidakis, who was found guilty for the death in May 2018 of student Stavros Yiorgallis, 10 years old from Klaydia, Larnaca district.
As reported in a previous Cyprus Times report, upon hearing the sentence, the boy's mother erupted, shouting "you are not ashamed. Vengeance is of the Lord. You can't imagine what my husband and I go through every day."
With a bowed head the doctor replied "I am sorry."
The reasoning of the judgment
In her ruling the judge states that "I have weighed everything that has been brought before me. In view of the gravity of the offence, the penalties prescribed under the Act and the principles laid down in the case law in respect of offences of this nature, taking further, into account and weighing any other factor relevant to the assessment of the sentence, the gravity of the offence leaves no room for any penalty other than imprisonment. The various mitigating factors to which I have referred cannot vary the type of sentence. But I take them into account in relation to the amount of the sentence."
The defendant Dr. Heracles Pantelidakis is sentenced to 18 months' imprisonment on the third charge which he faces. The fourth charge concerns negligence of a lesser degree for exactly the same facts, and is therefore absorbed by the third charge on which a sentence has been imposed. No penalty shall be imposed in the fourth category.
In considering whether the suspension of the sentence of imprisonment imposed is justified, the Judge states that "I take into account the defendant's clean criminal record, his age and his marital status, the impact of the incident on his professional career and his personal life, as well as how deeply this tragic event has affected him, causing him severe depression. I take into account the length of time that has elapsed in relation to the deterrent role that the sentence is intended to play, among other things.
In relation to the circumstances in which the offence was committed, the Judge states, "I will take into account that of the defendant's acts the act relating to the risk he took of seeing the X-ray himself was done within the context of the bad practice, I would say, that prevailed at the Larnaca General Hospital CICU of not having the X-rays consulted by a radiologist".
The Judge took into account what has been said by his lawyer in relation to the mention of his name in the Mass Media and the vilification he has suffered from the Social Media, receiving curses, insults and mockery.
All the aforementioned factors militate, the Judge said, "in favour of exercising the Court's discretion in favour of the accused and therefore justify the suspension of the prison sentence imposed. The prison sentence is suspended for three years from today."
It is recalled that the 10-year-old was taken to Larnaca General Hospital when, while playing basketball during gymnastics at the Aletriko Primary School where he was attending, he fell to the ground and hit his head.
After being examined by the doctors of the Accident and Emergency Department, he was discharged and a few hours later, his mother took the 10-year-old back to the hospital after he had pains in his head.
The 10-year-old was subsequently taken by ambulance to Nicosia General Hospital where he died in surgery.
Source: CNA
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