Architect tells tot death inquiry gap in panelling bigger than intended

AN ARCHITECT giving evidence today at an inquiry into the death of a 21-month-old boy who fell 15ft through glass panelling said the gap the tot slipped through was bigger than originally intended.

Little Ben McCreath, had run on ahead of his mum Louise McCreath, who was 29 at the time of the accident.

She had been at a meeting at her work at law firm Ledingham Chalmers in the Capital's Princes Exchange building in Earl Grey Street.

Mark McPhilips, 47, an architect who had been involved in designing the building, said the gap had been increased from 100mm to 150mm.

Mr McPhilips was asked if 150mm was the limit to what he would find acceptable.

He replied that the gap would not have been made as large as for example 500mm but he had changed it to solve a problem.

He said: "The original intent was 100mm and the only reason I changed it was to overcome something."

Edinburgh Sheriff Court heard Mr McPhilips could not recall what the problem was that caused him to increase the gap.

The fatal accident inquiry has heard evidence that in buildings where children are anticipated to be present a rule applies to prevent gaps being big enough for a youngster to fall through.

But the court heard this rule did not apply to Princes Exchange as it was classified as an office building.

Earlier the inquiry heard Mrs McCreath who had been working as a receptionist at the law firm was at a meeting to discuss a redundancy package when the accident happened on 14 February 2006.

Ben suffered head injuries and died later that day.

The court heard how Mrs McCreath had come out of the meeting when Ben "just took off".

Thomas Lamb, 55, managing director of the firm Charles Henshaw and Sons Ltd, which made the glass for the building, said if a rule known as the 100mm rule had applied it would have been flagged up by the architects.

Mr Lamb said: "If the architect had thought the 100mm does apply here and gone back to Henshaws it would have been quite simple to go and change the gap down and that would have meant there was no gap at the balustrade area greater than 100mm."

Fiscal depute Angie Main asked Mr Lamb what the maximum gap that would be needed in case of the glass expanding.

Mr Lamb replied no more than 2mm or 3mm.

The inquiry in front of Sheriff Mhairi Stephen, which is expected to last around eight weeks, continues.