A British father broke down in tears in a Cyprus courtroom as the court heard how his two-year-old son fell to his death from a fourth-floor hotel window after being placed on a windowsill to show him the view of a waterpark.
Joshua Foster, 37, appeared at Paphos District Court on Tuesday (October 6) where the facts of the case were read out during a one-hour hearing. The boy fell nearly 40ft from the fourth floor of the five-star King Evelthon Beach Hotel and Resort in Chlorakas on July 12, the first day of the family's holiday.
Facts of the case
The court heard that Foster, his wife, two children, and in-laws had arrived in Cyprus in the early hours of July 12. After a day of activities, including visiting the pool, the family decided to go to their rooms to prepare for dinner.
Foster, his father-in-law and son walked towards the elevator, with his lawyer Alexandros Alexandrou telling the court that the defendant was in a "good mood". He was holding his son and they played, "just as any father would in a pleasant, joyous moment of their life while on vacation", Mr Alexandrou added.
As they approached the lift, the boy noticed a waterpark outside. Foster pushed the elevator button, placed the child on the windowsill, and the "inconceivable" unfolded before he had a chance to react.
Father's account
The lawyer said Foster had not realised that the section of the window was open, adding: "He was focused on entertaining his child while they were on holiday."
Prosecutor Chryso Pergandi said that at around 6.40pm on July 12, police received reports that a child had fallen from the fourth floor of the beachfront hotel under unknown circumstances. The boy was taken to Paphos General Hospital where, despite efforts to resuscitate him, he was pronounced dead.
Ms Pergandi said Foster had been swinging the child in the air for fun before he temporarily placed him down. Foster's father-in-law said the trio had left to go for dinner at around 6pm, and that the boy had run into the elevator before being asked to get out.
Court proceedings
The grandfather said Foster then "picked up child to place on window and see the view" before he fell. Foster gave a voluntary statement to police in which he said he placed his son on the windowsill while waiting for the elevator. According to a court translator, the prosecutor said of his statement: "When he placed him on the windowsill the child fell before he had a chance to grab him."
The court heard that Foster could not recall swinging the child, and the judge said it was not connected to him being placed on the windowsill. After the incident, Foster was taken to Paphos General Hospital and a blood sample to detect drugs and alcohol was taken. The alcohol concentration in his blood was an estimated 124mg at the time of the incident.
The lawyer said his client had fully cooperated with authorities, and that he was held in custody for eight days immediately after the incident. While grieving his child, he had to call his daughter from custody to explain what had happened.
The lawyer said the moment will "haunt him for the rest of his life", adding: "From joy to sorrow." He added: "We're allowed, even when we're happy, to lose our concentration. And in that moment he was happy, he held his child."
Foster worked as an auditor and had a long, stable career, but will be called for disciplinary proceedings with a possibility of being struck from the registrar if he is sentenced to prison. Mr Alexandrou said that Foster has experienced the "severe consequence of his actions", adding: "This will not end with two, three years of prison. This is a punishment he and his family will bear for the rest of their lives."
The court heard the window was 2.85 metres (9.3ft) in width and 1.2 metres (3.9ft) in height. Foster, who was assisted by a translator during the hearing, sat in the wooden dock wearing a light blue shirt and quietly wept as the facts of the case were read out. He will be sentenced on October 16.
