Mother tells how she saw toddler son plunge 15ft to his death on office visit

A TODDLER fell to his death through an "aesthetic" gap in the balcony of the office where his mother worked, a court has heard.

Ben McCreath was 21 months old when he crawled through the gap 15ft above the reception of the Princes Exchange building in Edinburgh's financial district.

He was visiting the office with his mother Louise, who told how she watched helplessly as he fell from the first floor to the foyer below.

Ben was taken to the Royal Hospital for Sick Children but died of head injuries later that day, 14 February, 2006.

Yesterday, a sheriff visited the site as a fatal accident inquiry into the toddler's death began.

Ben's parents, Ross and Louise, were in court to hear evidence, including a statement by the building's architect that the gap in the balcony was there for "aesthetic reasons" only.

Last month, his mother, who was a part-time receptionist for legal firm Ledingham Chalmers, gave an emotional written description of Ben's fall, meaning she will not have to give verbal evidence in court.

She wept as it was read out at the start of the hearing at Edinburgh Sheriff Court yesterday.

She told of how Ben was "happy" while she took him on a visit to her office in the capital's Earl Grey Street during a day off to discuss a redundancy package with her manager.

Her statement read: "Ben was nearly two and very mobile on his feet. I went in to see Dorothy Miller, the head of human resources, and Ben was playing with Lisa Egan, the receptionist, for a few minutes.

"I heard him crying so I went out and brought him back in. He seemed happy, because he was eating biscuits and was with me.

"I picked up Ben's stuff and was holding the door open as I said goodbye to everyone. Then Ben just took off. I shouted for him to come back to me.

"I didn't realise there was a small gap that runs along between the wall and the glass panel.

"I saw Ben fall through it. It was a drop of about 20ft.

"I flew down the stairs. There were people around him and I think he was slipping in and out of consciousness."

Written statements by the office's manager, Heather Woods, and receptionist Ms Egan were also read out. Ms Egan said: "All I remember was Louise screaming. I could tell from her looking over the balcony that Ben had fallen over. I called 999 and said that a little boy had fallen and to come quick."

Lawyers for all parties have agreed that the building did not need to be covered by child safety regulations, as it was approved as a classified office.

Fiscal depute Angie Main summoned the building's architect, Mark McPhillips, 47, to give evidence. He told court he had two degrees in architecture having qualified in 1983.

As project architect for the Percy Johnson Marshall Partnership, his job involved approving the design of every aspect of the building – now mostly occupied by Bank of Scotland.

Asked by Ms Main whether children had been taken into consideration, Mr McPhillips said: "Not while I was designing the building. It wasn't something we particularly looked at."

He added: "We designed the building as a workplace to suit the people using it. The entrance was public, but anything beyond the ground floor would have been for authorised personnel only."

Of the gap Ben fell through, Ms Main asked Mr McPhillips: "Why is it you would have a gap? Why not just build up to the adjacent end?"

The architect said: "It is an accepted practice to leave a gap for aesthetic reasons."

The inquiry continues today.