A British man has been fined €3,000 (£2,500) after his two-year-old son fell nearly 12 metres (40ft) to his death from the fourth-floor window of a hotel in Cyprus. Joshua Foster thought the window was closed when he placed the boy on a sill to show him the view of a waterpark and “lost control” of him, the court previously heard. The 37-year-old appeared at Paphos district court on Friday for sentencing having pleaded guilty to a charge of causing death through a reckless, rash or dangerous act. In emotional scenes at the court, Judge Froso Christodoulidou ruled that Foster, 37, would not be jailed, before describing the incident as a “tragic event”. “Jail is not appropriate,” the judge said, telling the courtroom that as there was “clearly no intent to kill” she had decided against a custodial sentence and would instead order Foster to pay the fine. The Essex-born auditor, who had previously appeared in court visibly distraught, struggled to hold back tears as the sentence was handed down. As it dawned that the emotional rollercoaster – one that had begun on 12 July, the first day of a holiday in Cyprus – was finally over, he hugged his lawyer before telling reporters: “Thank you for your support. I’m looking forward to going home and being with my wife and daughter.” The light sentence – the minimum for the charge of causing death “through a reckless, rash or dangerous act” – meant Foster could retrieve his passport and other documents he had been forced to surrender. More usually levelled in cases involving fatal traffic accidents, the charge carries a maximum penalty of four years in prison. Speaking outside the district court in Paphos, the defendant’s lawyer, Alexandros Alexandrou, said Foster, an auditor at one of the UK’s big four accounting firms, would finally be able to grieve. View image in fullscreenThe family were on holiday at the King Evelthon Beach hotel and resort in Chlorakas, Cyprus, when the incident happened. Photograph: Annabel Lee-Ellis/PA “He’s been through a lot and it’s been very emotional but he’s relieved it’s over,” he said of his client, who posted €30,000 (about £26,000) in bail to return to the UK to attend the toddler’s funeral in August before being forced under threat of extradition to return to Cyprus for the proceedings. “This case should not have gone to court. We asked for the charges to be suspended, unfortunately this was not accepted.” Alexandrou had appealed to the island’s attorney general, Cyprus’s top legal official, to discontinue the criminal procedure on humanitarian grounds, arguing that prosecution “does not serve the public interest”. The request was denied. The boy fell to his death from a fourth-floor window of the King Evelthon hotel within hours of the family arriving in Paphos. In mitigation on 5 October, Alexandrou recounted how Foster was making his way to a lift along the corridor when he stopped at the window and the “inconceivable” occurred. The Briton, he said, had not realised the window was ajar when, lifting the child, who was excitedly pointing to the hotel’s waterpark outside, he “lost control” and he slipped through his hands. The boy was pronounced dead at Paphos general hospital shortly after suffering severe cranial injuries when he hit a veranda 10 metres (33ft) below. Summing up, Judge Christodoulidou said while the presence of alcohol had been detected in Foster’s blood it was not enough to suggest he was impaired to the point where he had “acted recklessly”. View image in fullscreenLawyer Alexandros Alexandrou (right) speaks to journalists outside the court, after Joshua Foster was fined €3,000 euro (£2,500). Photograph: James Manning/PA “It is no exaggeration to say that for the rest of his life he will have guilt for losing his child in such a tragic way,” she added. Mitigating factors presented by the defence, including the BriTon’s lack of a criminal record and his guilty plea also influenced her decision, she explained. In a country so reliant on tourism, criticism had grown as Cypriot human rights advocates, media commentators, and foreign diplomats all questioned what they saw as a lack of compassion in how officials handled the case. A former British colony, this eastern Mediterranean island draws about 4 million visitors and is especially popular with tourists from the UK. Alexandrou, the lawyer, said he had advised his client to admit the negligence charge to avoid a potentially long and distressing trial while he and his family were still grieving an “unimaginable loss.” Accepting the case had been “emotional” for the entire defence team, the lawyer added: “He can finally grieve. Now that the court proceedings are over, his emotions over the loss of his child will burst out immediately.” In a statement released after the sentencing, the Foster family said: “Today marks the end of the legal proceedings in Cyprus, and we are grateful to the Court and Judge Christodoulidou for her decision to apply the maximum mitigation available to her. We are relieved that this process is now over, but for our family, the consequences of this tragedy will never end. Our son was deeply loved and will be forever missed. His loss is something we carry with us every day. Our focus now is on supporting one another and finding a way forward as a family. We ask that our privacy is respected as we do so.”
Frequently Asked Questions
Here is a list of frequently asked questions regarding the case of a British man fined in Cyprus for the death of his twoyearold son
Beginner Questions
Q What happened in this case
A A British man was on holiday in Cyprus with his family He left his twoyearold son alone in a hotel room while he went to buy food The child climbed onto a balcony railing and fell to his death The father was charged and fined 3000
Q What was the man charged with
A He was charged with causing the death of his son through a negligent act In Cyprus this is a criminal offense but it is less serious than manslaughter or murder
Q Why was he fined instead of sent to prison
A The court decided that the man had already suffered the worst possible punishmentthe loss of his child The judge considered it a tragic accident rather than a deliberate crime so a fine was deemed appropriate
Q How much is 3000 in British pounds
A At the time of the incident 3000 was roughly 2600 Exchange rates change daily so the exact amount in pounds varies
Q Did the mother agree with the punishment
A Reports indicate the childs mother did not want the father to go to prison She saw it as a terrible accident and wanted the family to be able to grieve together
Advanced Questions
Q What is the legal definition of causing death by negligence in Cyprus
A Under Cypriot law causing death by negligence occurs when a person fails to exercise reasonable care and that failure directly leads to another persons death It does not require intent to harm The penalty can include imprisonment a fine or both depending on the severity
Q How does Cyprus law treat parental negligence compared to other countries
A Cyprus tends to focus on rehabilitation and proportionality In some countries like the UK or US similar cases might lead to heavier charges such as manslaughter or child endangerment with possible prison time Cyprus often considers the emotional toll on the parent as a mitigating factor
Q What are common problems with prosecuting grieving parents
