Joshua Foster, 37, has been fined €3,000 (£2,500) at Paphos District Court in Cyprus after his two-year-old son fell nearly 40ft to his death from a fourth-floor hotel window. Foster had pleaded guilty to a charge of 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. The incident happened on July 12, the first day of the family's holiday at the five-star King Evelthon Beach Hotel and Resort in Chlorakas.
Sentencing hearing
Foster, who works as an auditor, appeared for sentencing on Friday wearing a light blue shirt and held back tears as District Judge Froso Christodoulidou read out the sentence. After the 25-minute hearing, he hugged his lawyer and then embraced his parents.
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 day of the incident. After various activities, including visiting the pool, the family returned to their rooms to get ready for dinner.
Details of the fall
At around 6pm, Foster, his father-in-law and son walked towards the lift. His lawyer, Alexandros Alexandrou, told the court that Foster 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 boy looked out. The lawyer said the "inconceivable" unfolded before Foster had a chance to react. Foster had not realised that the section of the window was open and thought there was protective glass.
Aftermath and court statements
Prosecutor Chryso Pergandi said police received reports at around 6.40pm 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 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". A blood sample taken about six hours after the incident showed an estimated alcohol concentration of 124mg, but this did not form a significant part of the case. His lawyer said there was no testimony that he was drunk.
The court heard that Foster has no previous convictions and that his remorse "is clear". He was held in custody for eight days after the incident, during which he had to call his daughter to explain what had happened. The window was 2.85 metres (9.3ft) wide and 1.2 metres (3.9ft) high.
