Father should never have gone to court over death of son in Cyprus, says lawyer

The case of a British man who admitted recklessly causing the death of his son after the boy fell nearly 40ft from the fourth floor window of a hotel in Cyprus should have “never gone to court”, his lawyer has said.

Joshua Foster thought the window was closed when he lifted the boy to show him the view of a waterpark and “lost control” of him, a court previously heard.

The 37-year-old was handed a 3,000 euro (£2,500) fine at Paphos District Court on Friday by a judge who said it was a “momentary error which created a dangerous situation with fatal consequences”.

Speaking to reporters outside court, his lawyer Alexandros Alexandrou said that the case should have “never gone to court”.

He said: “We had asked for this case to be suspended initially. Unfortunately this was not accepted and three months later the sentence that has been imposed is the minimal sentence that can be imposed.

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

He added: “This was an unfortunate incident, do not forget that this has to do with his child, and this time would have been very beneficial to him to dedicate… to his family… to his daughter who is going through a very difficulty time.”

Mr Alexandrou, speaking via a translator, said his client is only now realising what has happened because the 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.”

Foster pleaded guilty to a charge of causing death through a reckless, rash or dangerous act at an earlier hearing.

Foster, who worked as an auditor, wore a light blue shirt and held back tears as his sentence was read out by District Judge Froso Christodoulidou.

After the 25-minute hearing Foster hugged his lawyer before embracing his parents.

During her remarks, the judge said the defendant’s error was his “failure to establish that the window was closed before lifting his son towards it”.

She added: “That omission led to the tragic result. However, the conduct does not disclose a continuing or prolonged course of negligence characterised by indifference.

“It was a momentary error which created a dangerous situation with fatal consequences.”

The judge said there is “no evidence that the defendant deliberately exposed the child to danger”, according to a translation of proceedings.

“The window did not appear to carry markings that would necessarily have alerted the defendant to the fact that one section was open,” she added.

“Nor is there evidence that the defendant placed the child at the window and left him unsupported for any appreciable period, or that he had sufficient time to examine the condition of the window before the fall occurred.”

Judge Christodoulidou said the defendant “committed a fatal and tragic momentary error”, later adding that no sentence can outweigh the “personal consequences of the loss of his child”.

After the sentencing, Foster told reporters: “Thank you for the support. I’m looking forward to going home and being with my wife and daughter.”

The boy fell 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.

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, and his lawyer Mr 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 previously 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.

During Friday’s hearing, the judge said Foster had lifted the boy “towards the window” and “almost immediately, the child fell through the open section, before the defendant had an opportunity to react”.

It was previously heard that Foster had not realised that the section of the window was open, and that he thought there was protective glass.

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.

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 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 judge said on Friday that the court considered the involvement of alcohol but said the evidence before the court “does not establish alcohol consumption contributed to the incident”.

The court previously heard that Foster 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.