A British father whose two-year-old son died after falling from a hotel window in Cyprus has walked free from court after being fined. Joshua Foster, 37, appeared at Paphos District Court on October 16, where he was sentenced after previously pleading guilty to causing death through a reckless, rash or dangerous act.
The court previously heard that Foster thought the window on the fourth floor of the hotel was closed when he placed the boy on a sill to show him the view of a waterpark before he "lost control" of him. The boy fell 40ft 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.
Sentence and reaction
Foster, who worked as an auditor, appeared in court dressed in a light blue shirt and held back tears as his sentence was read out by District Judge Froso Christodoulidou. He was told he had been fined €3,000 (£2,500) during the 25-minute hearing. Afterwards, Foster hugged his lawyer before embracing his parents.
As he left the court, he told reporters: "Thank you for the support. I'm looking forward to going home and being with my wife and daughter."
Details of the incident
The court previously 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 carrying out various activities, including visiting the pool, the family returned to their rooms to get ready to go out for dinner.
At around 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. The court was told that as they approached the lift, the boy noticed a waterpark outside.
It was said that Foster pushed the lift button, placed the child on the windowsill, the boy looked out, and the "inconceivable" unfolded before Foster had a chance to react. Mr Alexandrou told the hearing, which took place on October 6, that Foster's life "changed forever" from that moment. It was heard that Foster had not realised that the section of the window was open, and that he thought there was protective glass.
Prosecution and aftermath
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. 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. It was said that during the time of the incident – by this point around six hours earlier – the alcohol concentration in his blood was an estimated 124mg.
The alcohol consumption did not form a significant part of the case against the defendant, and his lawyer said there was no testimony that he was drunk. The lawyer told the court that Foster has no previous convictions and his remorse "is clear". He said he was held in custody for eight days immediately after the incident, adding that while grieving his child 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.
