A British man has been fined €3,000 (£2,500) after his two-year-old son fell nearly 40ft to his death from a fourth-floor hotel window in Cyprus. Joshua Foster, 37, appeared at Paphos District Court on Friday for sentencing, having pleaded guilty to causing death through a reckless, rash or dangerous act.
The court previously heard that Foster thought the window was closed when he placed the boy on a sill to show him the view of a waterpark and “lost control” of him. Foster, who worked as an auditor, wore a light blue shirt and held back tears as his sentence was read out by District Judge Froso Christodoulidou.
Details of the incident
The boy fell 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. 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 playing with his son.
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 he had a chance to react. Mr Alexandrou told the hearing on October 6 that Foster’s life “changed forever” from that moment. It was heard that Foster had not realised the section of the window was open and thought there was protective glass.
Response and sentencing
Prosecutor Chryso Pergandi said police received reports at around 6.40pm that a child had fallen from the fourth floor under unknown circumstances. The boy was taken to Paphos General Hospital, where he was pronounced dead despite efforts to resuscitate him.
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; the alcohol concentration was an estimated 124mg, though this did not form a significant part of the case.
His lawyer said Foster has no previous convictions and his remorse “is clear”. He was held in custody for eight days immediately after the incident, during which 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. After the 25-minute hearing, Foster hugged his lawyer before embracing his parents.
