A British father told a Cyprus court he had no chance to react after his two-year-old son fell nearly 40ft from a fourth-floor window at a hotel in Paphos.
Joshua Foster, 38, had been carrying and playing with his young son during a family holiday when the toddler noticed the hotel’s waterpark through a large window. Foster placed the child on the windowsill so he could see the view, unaware that the window was open.
Moments later, the boy fell from the fourth floor of the King Evelthon Hotel on July 12.
Foster has pleaded guilty to causing death by a rash, reckless or dangerous act and is due to be sentenced at Paphos District Court on October 16.
Father says tragedy happened in an instant
Foster’s lawyer, Alexandros Alexandrou, told the court that the incident unfolded within moments.
“[Mr Foster] called the elevator, placed the child on the windowsill and the inconceivable unfolds without [Mr Foster] having a chance to react,” he said.
The lawyer stressed that Foster accepted that placing the child at such a height was wrong and dangerous.
“We’re not saying placing the child at that height was right, that the practice was right, or there was no danger or that he did not make a mistake,” Alexandrou said.
“That’s why he pleaded guilty.”
The court heard that Foster had believed there was protective glass over the window. He reportedly lost control of the child, who fell before his father could grab him.
Grandfather witnessed the fall
The child’s maternal grandfather was also at the hotel and witnessed the events leading up to the fatal fall.
According to a statement read to the court by the prosecution, the family had been preparing to leave for dinner at around 6pm.
The two-year-old ran into the fourth-floor lift area before his grandfather asked him to come back out.
The court heard that Foster had been swinging the child in the air while playing with him before temporarily placing him down.
The toddler then noticed the waterpark outside the large window, prompting Foster to lift him onto the windowsill to show him the view.
The grandfather subsequently witnessed the child fall.
Foster rushed to save his son
After seeing his son plunge from the window, Foster immediately ran downstairs.
He told police that he watched the child fall before taking the lift down and rushing towards him.
Foster then picked up the unresponsive boy and placed him over his right shoulder as he desperately attempted to revive him.
Prosecutor Chryso Pergandi told the court that police received a report at around 6.40pm on July 12 that a child had fallen from the fourth floor of the beachfront hotel.
The boy was taken to Paphos General Hospital, where medical staff attempted to resuscitate him. Despite their efforts, he was pronounced dead.
Alexandrou said Foster had been forced to deal with the devastating aftermath almost immediately.
“Immediately after the incident, he went downstairs, ran down, trying to bring the child back to consciousness, had to interact with people at the hotel, with the hospital staff, and police,” he said.
“He admitted guilt, and he admits the momentary [lapse] that will haunt him for the rest of his life.”
Family holiday ended in tragedy
The defence described the incident as an unimaginable turn of events during what had begun as a happy family holiday.
Alexandrou told the court that Foster had been in a good mood shortly before the accident and had simply been enjoying time with his son.
“He held his child in his arms, walked, played, just as any father would in a pleasant, joyous moment of their life while on vacation,” the lawyer said.
He explained that the child noticed the waterpark through the large hotel window.
“And in that moment he was happy; he held his child,” Alexandrou said.
“From joy to sorrow.”
The lawyer also spoke about the devastating effect the child’s death had had on the family, saying the tragedy had caused “a huge destruction of their family balance.”
Foster works as an auditor and, according to his lawyer, has maintained a long and stable career.
Court hears about Foster’s alcohol level
The court also heard that Foster had consumed alcohol on the evening of the tragedy.
However, his drinking did not play a significant role in the prosecution’s case.
Foster provided a blood sample at Paphos General Hospital shortly after midnight. The sample showed an alcohol reading of 34mg.
A later analysis estimated that his blood alcohol concentration at the time of the incident had been 124mg.
Foster quietly wept as the facts of the case were read out in court.
He now faces sentencing after admitting responsibility for the dangerous act that led to his son’s death.
The sentencing hearing is scheduled for October 16 at Paphos District Court.