A father who placed his two-year-old son on a hotel windowsill to show him a view of a waterpark did not realise the window was open before the child fell to his death, a court in Cyprus has heard.
Joshua Foster, 37, believed the window was closed and that protective glass was in place when he “lost control” of the toddler, Paphos District Court heard on Tuesday. The boy fell almost 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.
Court hears details of the incident
Foster has previously pleaded guilty to causing death through a reckless, rash or dangerous act. He appeared before the same court on Tuesday as prosecutors and his defence lawyer set out the circumstances surrounding the boy’s death during a one-hour hearing.
According to a translation of the proceedings, Foster arrived in Cyprus with his wife, two children and in-laws in the early hours of July 12. The family spent the day taking part in various activities, including visiting the hotel pool. Later that afternoon, they returned to their rooms to prepare to go out for dinner.
Foster, his father-in-law and his son then made their way towards the elevator. Foster’s lawyer, Alexandros Alexandrou, told the court that his client was in a “good mood” at the time. He was carrying his son and playing with him, Mr Alexandrou said, describing the moment as “just as any father would in a pleasant, joyous moment of their life while on vacation”.
Father placed son on windowsill
As they approached the elevator, the boy noticed the waterpark outside. Foster pressed the elevator button and placed his son on the windowsill so he could look at the view. The lawyer said the “inconceivable” then happened before Foster had an opportunity to react. “From that moment, the man’s life changed forever,” Mr Alexandrou told the court.
He said Foster had not realised that the section of the window was open and had been concentrating on entertaining his son during the family holiday.
Prosecutor Chryso Pergandi told the court that police received a report at about 6.40pm on July 12 that a child had fallen from the fourth floor of the beachfront hotel in unexplained circumstances. The boy was taken to Paphos General Hospital, where attempts were made to resuscitate him. He was later pronounced dead. Ms Pergandi said Foster had been swinging his son in the air for fun before briefly putting him down.
Statements and court evidence
Foster’s father-in-law told the court that the three of them had left to go to dinner at around 6pm. He said the boy ran into the elevator and that he asked him to come back out. The grandfather said Foster then “picked up child to place on window and see the view” before the boy fell.
Foster later gave police a voluntary statement about what happened. He said he had placed his son on the windowsill while the pair waited for the elevator. According to the court translator, the prosecutor said Foster’s statement explained: “When he placed him on the windowsill the child fell before he had a chance to grab him.”
The court also heard that Foster could not remember swinging his son. The judge said this was not connected to the act of placing the child on the windowsill.
Following the incident, Foster was taken to Paphos General Hospital, where a blood sample was taken to test for drugs and alcohol. The court was told that his estimated blood alcohol concentration at the time of the incident, around six hours earlier, was 124mg.
Defence plea and sentencing date
Mr Alexandrou said his client had fully cooperated with the authorities. He told the court that Foster had been held in custody for eight days following the incident. While grieving for his son, he was also forced to call his daughter from custody and tell her what had happened.
The lawyer said the incident would “haunt him for the rest of his life”, describing what happened as: “From joy to sorrow.” He added: “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 had built a long and stable career. However, the court heard he faces disciplinary proceedings and could be struck from the registrar if he receives a prison sentence.
Mr Alexandrou said Foster had already experienced the “severe consequence of his actions”. “This will not end with two, three years of prison. This is a punishment he and his family will bear for the rest of their lives,” he said.
The lawyer asked the judge to impose a fair sentence that reflected the seriousness of the offence while also taking the circumstances into consideration.
The court heard that the window was 2.85 metres (9.3ft) wide and 1.2 metres (3.9ft) high. Foster, who was assisted by a translator throughout the hearing, sat in the wooden dock wearing a light blue shirt. He quietly wept as the details of the case were read to the court. Joshua Foster will be sentenced on October 16.
