A two-year-old boy died after his father placed him on a fourth-floor windowsill at a Cyprus hotel to show him a waterpark, without realising the window was open, a court has heard.
Joshua Foster, 37, pleaded guilty to causing the death of his son through a reckless, rash or dangerous act. The incident occurred on July 12 at the five-star King Evelthon Beach Hotel and Resort in Chlorakas, on the first day of the family's holiday.
Court hears events leading to the fall
During a one-hour hearing at Paphos District Court on Tuesday, the facts of the case were outlined. Foster, his wife, two children, and in-laws had arrived in Cyprus in the early hours of July 12. The family spent the day at the pool and later decided to go to their rooms to prepare for dinner.
Foster, his father-in-law, and his son walked towards the elevator. His lawyer, Alexandros Alexandrou, told the court that Foster was in a "good mood" and was playing with his son, "just as any father would in a pleasant, joyous moment of their life while on vacation."
As they approached the lift, the boy noticed a waterpark outside. Foster pushed the elevator button, placed the child on the windowsill, and the boy looked out before falling nearly 40ft. The lawyer 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."
Prosecution details and aftermath
Prosecutor Chryso Pergandi said police received reports at around 6.40pm that a child had fallen from the fourth floor of the beachfront hotel. The boy was taken to Paphos General Hospital, where he was pronounced dead despite resuscitation efforts.
Ms Pergandi said Foster had been swinging the child in the air for fun before temporarily placing him down. Foster's father-in-law said the trio had left for dinner at around 6pm, and the boy had run into the elevator before being asked to get out. The grandfather said Foster then "picked up child to place on window and see the view" before the fall.
In a voluntary statement to police, Foster said he placed his son on the windowsill while waiting for the elevator. The court heard he could not recall swinging the child, and the judge said that was not connected to him being placed on the windowsill.
Blood sample and legal proceedings
After the incident, Foster was taken to Paphos General Hospital, where a blood sample was taken to detect drugs and alcohol. The estimated alcohol concentration in his blood at the time of the incident was 124mg.
Foster's lawyer said he had fully cooperated with authorities and was held in custody for eight days immediately after the incident. The lawyer said the moment will "haunt him for the rest of his life," adding: "This is a punishment he and his family will bear for the rest of their lives."
The court heard the window was 2.85 metres in width and 1.2 metres in height. Foster, who sat in the dock wearing a light blue shirt, wept quietly as the facts were read out. He will be sentenced on October 16.
