Joshua Foster was fined €3,000 (£2,500) at Paphos District Court after admitting he caused the death of his two-year-old son, Jaxon, who fell nearly 40ft from a Cyprus hotel window on 12 July during the first day of the family holiday.
The toddler fell from the fourth-floor window of the five-star King Evelthon Beach Hotel and Resort in Chlorakas. Foster, a 37-year-old auditor from Essex, admitted causing his death through a reckless, rash or dangerous act.
The court previously heard that Joshua Foster believed the window was closed when he placed his son on the sill to show him the view of a waterpark and lost control of the child. The fatal drop occurred nearly 40ft, measuring about 12.1m. The specific window measured 2.85m wide and 1.2m high.
The court was informed that as the family approached the lift, the young boy noticed the waterpark outside. Foster pushed the lift button, placed the child on the windowsill, and the unthinkable unfolded before he could react. Police were called to the location at about 18:40 following reports of a child falling under unknown circumstances. The toddler was transported to Paphos General Hospital, where he was later pronounced dead.
In a voluntary statement provided to the police, Foster explained that when he placed his son on the windowsill, the boy fell before he had a chance to grab him.
Although Foster had alcohol in his system, it did not form a major part of the case, and his lawyer noted there was no testimony indicating he was drunk. Following the incident, Foster was held in custody for eight days, during which time he had to call his daughter from custody to explain what had happened.
The window did not appear to carry markings that would necessarily have alerted the defendant to the fact that one section was open.
District Judge Froso Christodoulidou
District Judge Froso Christodoulidou noted there was no evidence Foster deliberately exposed the child to danger.
Lincoln Brookes, Essex’s senior coroner, described the matter as a particularly tragic case, noting that the child suffered fatal injuries to his head, vital organs, and body.
Defense counsel Alexandros Alexandrou told an earlier hearing on October 6 that his client’s life changed forever from the moment of the tragedy. Alexandrou stated outside the court that his client’s remorse was clear, describing Foster as an incredible father and an exemplary family man supported by a beautiful family standing firmly by his side.
The lawyer added that Foster was very emotional following the sentencing and that the family needed proper time to grieve after being in defense mode throughout the legal proceedings.
“a momentary error”
Alexandrou emphasized that the mistake brought fatal consequences.
