A father whose two-year-old son died after falling nearly 40ft from a fourth-floor hotel window in Cyprus has been fined by a court in the Mediterranean nation.
Joshua Foster, 37, appeared at Paphos District Court on Friday for sentencing after admitting a charge of causing death through a reckless, rash or dangerous act. He was ordered to pay a €3,000 (£2,500) fine.
Father believed window was shut
The court previously heard that Foster believed the window was shut when he lifted the toddler onto a ledge to give him a view of a waterpark and “lost control” of him.
Foster, who works as an auditor, wore a light blue shirt and fought back tears as District Judge Froso Christodoulidou delivered the sentence. Following the 25-minute hearing, he hugged his lawyer before embracing his parents.
Incident on first day of holiday
The child fell from the fourth storey of the five-star King Evelthon Beach Hotel and Resort in Chlorakas on 12th July, the opening day of the family's holiday. The court was told that Foster, along with his wife, two children and in-laws, had arrived in Cyprus in the early hours of that morning.
After several activities, including a trip to the pool, the family returned to their accommodation to prepare for an evening meal out. At approximately 6pm, Foster, his father-in-law and his son headed towards the lift, with his lawyer Alexandros Alexandrou telling the court that the defendant was in a “good mood” and engaging playfully with his son.
Window open and child fell
The court heard that as they neared the lift, the youngster spotted a waterpark beyond the window. Foster pressed the lift button, positioned the child on the windowsill so the boy could look outside, and the “inconceivable” occurred before Foster could respond. Mr Alexandrou said Foster's life “changed forever” from that instant.
The court was told Foster had been unaware the window section was open, believing protective glass was in place. Prosecutor Chryso Pergandi stated that at approximately 6.40pm, police were alerted that a child had fallen from the fourth floor of the seafront hotel in unexplained circumstances.
The youngster was rushed to Paphos General Hospital where, despite attempts at resuscitation, he was declared dead. In a voluntary police statement, Foster explained that when he positioned his son on the windowsill, the boy “fell before he had a chance to grab him”.
Following the incident, Foster was taken to Paphos General Hospital where a blood sample was obtained to test for drugs and alcohol. At the time of the incident – by then approximately six hours prior – the alcohol level in his blood was estimated at 124mg. The alcohol intake did not constitute a substantial element of the prosecution's case, and his lawyer said there was no testimony that he was drunk.
No prior record and remorse
The lawyer told the court that Foster has no prior criminal record and his remorse “is clear”. He revealed Foster was detained for eight days in the immediate aftermath of the incident, and during that period he was forced to telephone his daughter from custody to break the news of what had occurred.
The court was told that the window measured 2.85 metres (9.3ft) in width and 1.2 metres (3.9ft) in height.
