PAPHOS, Cyprus — A British man who pleaded guilty in the fatal fall of his 3-year-old son from a hotel window is free to return home after a Cyprus court fined him 3,000 euros (US$3,380).
Joshua Patric Foster, 38, wept Friday in Paphos District Court as Judge Froso Christodoulidou ruled a prison term was not merited. The charge of negligence carries a maximum prison term of four years imprisonment and a fine of 4,250 euros (US$4,788).
“In this case, a prison sentence can be avoided,” Christodoulidou said, noting Foster’s behaviour and actions throughout the July 12 incident did not demonstrate a degree of negligence commensurate with imprisonment.
Despite the presence of alcohol in his system, there was no evidence to suggest he was impaired to the point where he acted recklessly, according to the judge, who said Foster’s omission was not ensuring the window from which the boy fell was closed.
The judge also cited the defendant’s guilty plea, which avoided a lengthy trial, his co-operation with police, lack of a criminal record and his remorsefulness as factors in her decision.
Foster lifted his son up to a fourth-floor hotel window adjacent to an elevator after the boy asked to view the hotel’s waterpark. The toddler slipped from his father’s hands and tumbled out the window, falling 12 metres (40 feet) to his death, according to evidence heard in court.
The fatal fall happened a day after Foster, his wife, son, young daughter and his in-laws arrived in Cyprus for a vacation at the King Evelthon Hotel.
Christodoulidou called the boy’s death a tragic incident that happened in an instant and will follow Foster and his family for the rest of their lives.
The judge also took into account the defense’s argument that any prison sentence, even one that was suspended, could result in the loss of Foster’s job after the auditing firm he works for initiated disciplinary proceedings, she said.
After the verdict was read, Foster hugged his parents, who have accompanied him to court throughout the proceedings. Speaking to reporters outside the court, Foster thanked his lawyer and family for their support, saying he wanted to get back to his family.
Foster’s lawyer, Alexandros Alexandrou, said his client could leave Cyprus and return home either Friday or Saturday, adding that the case shouldn’t have been brought to trial in the first place.
The court essentially accepted all defense arguments that the incident was “a momentary error without any serious type of negligence or any conscious disregard for the safety of the child,” the lawyer said, adding that the court accepted alcohol consumption “had nothing to do with this” because there was no eyewitness to suggest otherwise.
“Now that the court proceedings are over, the explosion of his emotions at the loss of his child will be immediate,” Alexandrou said.
Menelaos Hadjicostis, The Associated Press
