What happened?
Joshua Foster, a 37-year-old father from Essex, was fined €3,000 (£2,500) after admitting that he caused the death of his two-year-old son through a reckless, rash or dangerous act.
The child fell nearly 40ft (12.1m) from a fourth-floor window at the King Evelthon Beach Hotel and Resort in Chlorakas, Cyprus, on 12 July. He was taken to Paphos General Hospital, where he was later pronounced dead.
What did the court hear?
Foster had arrived in Cyprus with his wife, their two children and his in-laws. The incident happened on the first day of the family’s holiday, at about 18:00, as they were preparing for dinner.
According to the account heard by Paphos District Court, Foster and his father-in-law were walking with the boy towards a lift when the child noticed a waterpark outside. Foster pressed the lift button, placed the child on the windowsill to show him the view and then lost control of him.
Foster told police in a voluntary statement that the boy fell before he had a chance to grab him. He said he had believed the window was closed.
Why was the case treated as a reckless act?
The court’s finding was based on the failure to establish that the window was closed before the child was placed on the sill. District Judge Froso Christodoulidou said the window did not appear to have markings that would necessarily have alerted Foster that one section was open.
The judge described the incident as a “momentary error” that created a dangerous situation with fatal consequences. She also said there was no evidence that Foster deliberately exposed the child to danger.
This distinction is central to the case: the court accepted that the child’s death followed from Foster’s conduct, while the reported evidence did not indicate that he intended to put his son in danger.
What was the sentence?
Foster was fined €3,000. The source does not give further details about the court’s reasoning for the amount beyond the judge’s comments about the circumstances and the personal consequences of the child’s death.
The judge said no sentence could outweigh the personal consequences of losing a child. Foster’s lawyer, Alexandros Alexandrou, said his client’s remorse was clear.
The lawyer also said Foster had been held in custody for eight days immediately after the incident. The source reports that alcohol was present in Foster’s system, but says it was not a significant part of the case and that there was no testimony that he was drunk.
Timeline of the case
| Date or point in time | What happened |
|---|---|
| 12 July | The boy fell from the fourth-floor hotel window on the first day of the family’s holiday. |
| After the fall | He was taken to Paphos General Hospital and later pronounced dead. |
| After the incident | Foster was held in custody for eight days, according to his lawyer. |
| 16 October | The BBC reported that Foster had been fined €3,000 after admitting the offence. |
What did the family say?
In a statement reported by the BBC, the family said they were relieved that the legal process was over but that the consequences of the tragedy would never end. They said their son was deeply loved and would be forever missed.
Foster told reporters after sentencing that he was looking forward to going home and being with his wife and daughter.
Source
This explainer is based on information published by BBC News.
