Dad fined after son, 2, died in Cyprus hotel fall

A father whose two-year-old boy fell from a fourth floor window at a hotel in Cyprus has been fined €3,000 (£2,500) for causing his death.

Joshua Foster thought the window was closed when he placed his son on a sill to show him the view of a waterpark and "lost control" of him, Paphos District Court previously heard.

The toddler fell nearly 40ft (12.1m) at the five-star King Evelthon Beach Hotel and Resort on 12 July, the first day of the family's holiday in Chlorakas.

Foster, 37, from Essex, admitted causing death through a reckless, rash or dangerous act and was sentenced on Friday morning.

He told reporters afterwards: "Thank you for the support. I'm looking forward to going home and being with my wife and daughter."

The judge described the incident as a "fatal and tragic momentary error", while Foster's lawyer Alexandros Alexandrou argued the case should have "never gone to court".

"Within this three months, there was a lost opportunity for this man to grieve as he wanted to, to be with his family," Alexandrou said.

Foster, an auditor, arrived in Cyprus hours before the incident with his wife, two children and in-laws.

They enjoyed various activities and swimming, before getting ready for dinner in the evening.

At about 18:00, Foster, his father-in-law and son walked towards an elevator and was playing with his son, Alexandrou said.

The court was told as they approached the lift, the boy noticed a waterpark outside.

It was said Foster pushed the lift button, placed the child on the windowsill and the "inconceivable" unfolded before he could react.

"The window did not appear to carry markings that would necessarily have alerted the defendant to the fact that one section was open," said District Judge Froso Christodoulidou.

She added there was no evidence to suggest Foster had sufficient time to examine the condition of the window before the fall.

Christodoulidou added no sentence could outweigh the "personal consequences of the loss of his child".

Police were called to reports of a child falling "under unknown circumstances" at about 18:40.

The boy was taken to Paphos General Hospital and later pronounced dead.

In a voluntary statement to police, Foster said when he placed his son on the windowsill, the boy "fell before he had a chance to grab him".

While Foster had alcohol in his system, it did not form a significant part of the case against him - and his lawyer said there was no testimony he was drunk.

Alexandrou said Foster was held in custody for eight days immediately after the incident and had to call his daughter from custody to explain what had happened.

The court heard the window was 2.85m (9.3ft) wide and 1.2m (3.9ft) high.

In a statement outside court, Alexandrou described his client as an "incredible father".

"[He is] an exemplary family man with a beautiful family behind him, that support him, that embraces him, that has always been by his side."

Speaking via a translator, Alexandrou said Foster was only now confronting what had happened because the court proceedings were very stressful for him.

He added: "Now that the entire proceeding has finished, now this eruption of emotions from the loss of his child will probably be immediate."

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