Press AssociationA 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.
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.
Press AssociationAt about 18:00, Foster, his father-in-law and son were walking towards a lift when the boy noticed a waterpark outside.
Foster pushed the lift button, placed the child on the windowsill and the “inconceivable” unfolded before he could react, the court heard.
The boy was taken to Paphos General Hospital and later pronounced dead.
“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.
His failure to establish that the window was closed led to the tragic result, the judge added.
“It was a momentary error which created a dangerous situation with fatal consequences.”
The judge said there was “no evidence that the defendant deliberately exposed the child to danger”, according to a translation of proceedings.
She added no sentence could outweigh the “personal consequences of the loss of his child”.
Press AssociationIn 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.
After the sentencing, Foster’s lawyer, Alexandros Alexandrou, told reporters the case should have “never gone to court”.
He 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.
“Within this three months, there was a lost opportunity for this man to grieve as he wanted to, to be with his family,” he said.
He 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.”
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