New details have emerged in a Cyprus court about the final moments before a two-year-old boy fell nearly 40ft to his death from a hotel window. The child fell before his father had a chance to grab him, Paphos District Court heard.
Joshua Foster had placed his son on a windowsill to show him the view of a waterpark when the incident occurred before he could react. The father had not realised that the section of the window was open when the toddler fell from the fourth floor of the five-star King Evelthon Beach Hotel and Resort in Chlorakas on July 12.
Tragedy on first day of family holiday
The tragedy happened on the first day of the family's holiday in Cyprus. Foster, his wife, two children and in-laws had arrived in the early hours of the morning, according to a translation of court proceedings.
Foster, his father-in-law and son later walked towards the lift, 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.
Father focused on entertaining child
The lawyer said that as they approached the lift, the boy noticed a waterpark outside. Foster pushed the lift button and placed the child on the windowsill to look out before the incident unfolded.
Mr Alexandrou said: "From that moment, the man's life changed forever." He 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 Foster had been swinging the child in the air for fun before temporarily placing him down. The court heard the trio had left to go for dinner at around 6pm. Foster's father-in-law said the boy had run into the lift and that he had asked him to get out.
Child pronounced dead at hospital
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.
Police received reports at around 6.40pm that a child had fallen from the fourth floor of the beachfront hotel. The youngster was taken to Paphos General Hospital where, despite efforts to resuscitate him, he was pronounced dead.
Foster, 37, has previously pleaded guilty to causing death through a reckless, rash or dangerous act. His lawyer told the court Foster had fully cooperated with authorities and had been held in custody for eight days immediately after the tragedy.
Mr Alexandrou said that while grieving for his son, Foster had to call his daughter from custody to explain what had happened. He said the moment would "haunt him for the rest of his life", adding: "From joy to sorrow."
The lawyer added: "We're allowed, even when we're happy, to lose our concentration. And in that moment he was happy, he held his child."
Mr Alexandrou urged the judge to impose a fair sentence which recognised the severity of the case while taking into account the circumstances. He said Foster had already 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."
Foster quietly wept as the facts of the case were read out. He will be sentenced on October 16.
