A two-year-old British boy died after falling nearly 40ft from the fourth floor of a hotel in Cyprus when his father placed him on a windowsill to show him a waterpark view, unaware the window was open, a court has heard.
Joshua Foster, 37, believed there was protective glass and that the window was closed when he "lost control" of the toddler, Paphos District Court was told on Tuesday. The boy fell from the five-star King Evelthon Beach Hotel and Resort in Chlorakas on July 12, the first day of the family's holiday. Foster previously pleaded guilty to causing death through a reckless, rash or dangerous act.
Father placed son on windowsill to see waterpark
Foster, his wife, two children and in-laws arrived in Cyprus in the early hours of July 12, according to a translation of the court proceedings. During the afternoon, the family returned to their rooms to freshen up before dinner. Foster, his father-in-law and son headed towards the lift, with his lawyer Alexandros Alexandrou telling the court the defendant was in a "good mood".
As they neared the lift, the boy spotted a waterpark outside. Foster pressed the lift button, positioned the child on the windowsill, and the "inconceivable" occurred before he could intervene, the lawyer said. The father had not realised part of the window was open.
Prosecutor outlines timeline of incident
Prosecutor Chryso Pergandi said police received reports at approximately 6.40pm that a child had fallen from the fourth floor of the seafront hotel. The boy was taken to Paphos General Hospital, where he was declared dead despite attempts to resuscitate him.
Foster's father-in-law said the three had departed for dinner at approximately 6pm, and that Foster "picked up child to place on window and see the view" before the fall. In a voluntary statement, Foster said he positioned his son on the windowsill while waiting for the lift. The prosecutor said: "When he placed him on the windowsill the child fell before he had a chance to grab him."
Blood alcohol reading and sentencing date
After the incident, a blood sample was collected from Foster at Paphos General Hospital. The alcohol concentration in his blood was estimated at 124mg at the time of the incident, approximately six hours earlier. His lawyer said Foster had cooperated fully with authorities.
Foster was remanded in custody for eight days immediately following the incident, during which he telephoned his daughter from custody to explain what had occurred. The lawyer said the moment will "haunt him for the rest of his life", adding: "From joy to sorrow." He further stated: "We're allowed, even when we're happy, to lose our concentration. And in that moment he was happy, he held his child."
Foster worked as an auditor and faces disciplinary proceedings with the possibility of being struck from the register should a custodial sentence be handed down. The court was told the window measured 2.85 metres in width and 1.2 metres in height. Foster, who required a translator throughout the hearing, wept quietly in the dock. He is due to be sentenced on October 16.
