A British father who admitted causing the death of his two-year-old son at a hotel in Cyprus has been spared jail. Joshua Foster, 37, from Essex, pleaded guilty to causing death through a reckless, rash or dangerous act and was fined £2,500 at Paphos District Court.
Father expresses relief after sentencing
After the 25-minute hearing, Foster hugged his lawyer before embracing his parents. He told reporters: 'Thank you for the support. I'm looking forward to going home and being with my wife and daughter.'
The father-of-two, a director at accountancy giant KPMG, had faced a maximum four-year jail sentence, officials previously said.
Details of the incident
The boy fell nearly 40ft to his death from the fourth-floor window of the five-star King Evelthon Beach Hotel and Resort in Chlorakas on July 12, the first day of the family's holiday. The court previously heard that Foster had placed the child on a windowsill to show him the view of a waterpark, not realising the window was open.
The court heard that Foster, his wife, two children and in-laws had arrived in Cyprus in the early hours of the morning on the date of the incident. After various activities, including visiting the pool, the family returned to their rooms to get ready for dinner. At around 6pm, Foster, his father-in-law and son walked towards the lift, and his lawyer Alexandros Alexandrou told the court that the defendant was in a 'good mood' and was playing with his son.
Court proceedings and aftermath
As they approached the lift, the boy noticed a waterpark outside. Foster pushed the lift button, placed the child on the windowsill, and the 'inconceivable' unfolded before Foster had a chance to react. Mr Alexandrou told the hearing on October 6 that Foster's life 'changed forever' from that moment.
Prosecutor Chryso Pergandi said that at around 6.40pm, 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.
In a voluntary statement to police, Foster said that when he placed his son on the windowsill, the boy 'fell before he had a chance to grab him'. After the incident, a blood sample was taken to detect drugs and alcohol, showing an estimated alcohol concentration of 124mg at the time of the incident. The alcohol consumption did not form a significant part of the case, and his lawyer said there was no testimony that he was drunk.
The lawyer told the court that Foster has no previous convictions and his remorse 'is clear'. He was held in custody for eight days immediately after the incident, and while grieving his child he had to call his daughter from custody to explain what had happened. The court heard the window was 2.85 metres (9.3ft) wide and 1.2 metres (3.9ft) high.
