British Father Fined €3,000 After Toddler Son Fell to His Death at Cyprus Hotel

A British father has avoided prison for causing the death of his two-year-old son, who fell from a fourth-floor hotel window in Cyprus. Joshua Foster, 37, was fined €3,000 (£2,500) at Paphos District Court on Friday, according to The Independent and BBC News.

Foster had pleaded guilty to causing death through a reckless, rash or dangerous act. The sentence was read out by District Judge Froso Christodoulidou after a hearing that lasted 25 minutes, The Independent reported.

What happened at the hotel

The boy fell nearly 40 feet from a window at the King Evelthon Beach Hotel and Resort in Chlorakas on July 12, the first day of the family's holiday, according to both outlets. The BBC described the property as a five-star hotel.

The court heard that Foster, his wife, their two children and his in-laws had arrived in Cyprus in the early hours of that day. They spent the day on activities, including a visit to the pool, and then got ready for dinner, according to the BBC.

At about 6 p.m., Foster, his father-in-law and the boy walked toward an elevator. His lawyer, Alexandros Alexandrou, told the court that Foster was in a good mood and playing with his son. As they reached the elevator, the boy spotted a waterpark outside. Foster pressed the elevator button and placed the child on the windowsill so he could see it, the court was told.

The court heard that Foster believed the window was closed and "lost control" of the boy. In a voluntary statement to police, Foster said his son fell before he could grab him, the BBC reported. The window was 9.3 feet wide and 3.9 feet high, according to the BBC.

Police were called at about 6:40 p.m. over a report of a child falling under unknown circumstances. The boy was taken to Paphos General Hospital and was pronounced dead there, the BBC reported. Prosecutor Chryso Perganti told the court that he died a couple of hours after the fall and had suffered multiple skull and bone fractures and damage to vital organs, according to The Independent.

The role of alcohol and the defense argument

After the incident, Foster was taken to the hospital, where a blood sample was taken to test for drugs and alcohol. The Independent reported that his blood alcohol concentration at the time of the fall was estimated at 124mg. Both outlets reported that the alcohol did not form a significant part of the case against him, and his lawyer said no testimony described him as drunk.

During mitigation proceedings, Alexandrou said Foster has no previous convictions and that his remorse is clear. He said Foster was held in custody for eight days right after the incident and had to phone his daughter from custody to explain what had happened. The lawyer also said that the fraction of a second in which the boy fell would stay with Foster for life, The Independent reported.

The Independent identified Foster as a senior accountant at KPMG. The BBC described him as an auditor from Essex.

Why it matters: what the outcome means

For Foster, the sentence means a financial penalty rather than time in prison. Speaking to reporters after the hearing, he thanked people for their support and said he was looking forward to going home to be with his wife and daughter, according to the BBC. After the hearing, The Independent reported, he hugged his lawyer and then his parents, and he held back tears as the sentence was read.

The case also shows how Cypriot prosecutors framed a death that the defense described as a moment of misjudgment. The charge was causing death through a reckless, rash or dangerous act, and the court heard that alcohol was not a major element of the prosecution. Neither outlet reported the court's detailed reasoning for choosing a fine over a custodial sentence.

Earlier hearing

An earlier hearing took place on Oct. 6, when Alexandrou told the court that Foster's life had changed forever from the moment of the fall, according to the BBC. Friday's sentencing followed that hearing.

Sources: The Independent, BBC News