A British man has been fined €3,000 (£2,500) after his two-year-old son fell nearly 12 metres (40ft) to his death from the fourth floor window of a hotel in Cyprus.
Joshua Foster, 37, an auditor, appeared at Paphos district court on Friday for sentencing. He had pleaded guilty to a charge of causing death through a reckless, rash or dangerous act.
Incident details
The boy fell from the fourth floor of the five-star King Evelthon Beach Hotel and Resort in Chlorakas on 12 July, the first day of the family's holiday. 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, 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 to go out for dinner.
Court proceedings
At about 6pm, Foster, his father-in-law and son walked towards the lift. His lawyer, Alexandros Alexandrou, told the court that the defendant was in a “good mood” and was 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 Foster had a chance to react.
Alexandrou told the hearing, which took place on 6 October, that Foster's life “changed for ever” from that moment. Foster had not realised that the section of the window was open, and thought there was protective glass.
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.
Aftermath and sentencing
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, Foster was taken to Paphos general hospital and a blood sample to detect drugs and alcohol was taken. Tests showed that the alcohol concentration in his blood was an estimated 124mg. Alcohol consumption did not form a significant part of the case against Foster, and his lawyer said there was no testimony that he was drunk.
The lawyer told the court that Foster had no previous convictions and his remorse “is clear”. He said Foster was held in custody for eight days immediately after the incident, adding that while grieving for his child he had to call his daughter from custody to explain what had happened. The court heard the window was 2.85 metres wide and 1.2 metres high.
After the 25-minute hearing, Foster held back tears as his sentence was read out by the district judge Froso Christodoulidou. He hugged his lawyer before embracing his parents.
