Boy, two, fell to his death after father thought window was closed, court told

A two-year old boy fell to his death from the fourth floor of a hotel in Cyprus after his father placed him on a windowsill to show him the view of a waterpark – not realising the window was open, a court has heard.Joshua Foster thought there was protective glass and the window was shut when he “lost control” of the toddler, Paphos District Court heard on Tuesday.The boy fell nearly 40ft from the fourth floor of the five-star King Evelthon Beach Hotel and Resort in Chlorakas on July 12, the first day of the family’s holiday.The 37-year-old previously pleaded guilty to a charge of causing death through a reckless, rash or dangerous act.He appeared at the same court on Tuesday where the facts of the case were set out during a one-hour hearing.Joshua Foster leaving Paphos District Court in Paphos (Annabel Lee-Ellis/PA)PA WireFoster, his wife, two children, and in-laws had arrived at Cyprus in the early hours of the morning on July 12, according to a translation of court proceedings.Read MoreThe family carried out various activities during the day, including visiting the pool.In the afternoon, they decided to go to their rooms to get ready to go out for dinner.Foster, his father-in-law and son walked towards the elevator, with his lawyer Alexandros Alexandrou telling the court that defendant was in a “good mood”.He was holding his son and they played, “just as any father would in a pleasant, joyous moment of their life while on vacation”, Mr Alexandrou added.The lawyer said as they approached the lift, the boy noticed a waterpark outside.It was said that Foster pushed the elevator button, placed the child on the windowsill, the boy looked out, and the “inconceivable” unfolded, before Foster had a chance to react.The lawyer said: “From that moment, the man’s life changed forever.”He said the father had not realised that the section of the window was open. The lawyer added: “He was focused on entertaining his child while they were on holiday.Prosecutor Chryso Pergandi said that at around 6.40pm on July 12, police received reports that a child had fallen from the fourth floor of the beachfront hotel under unknown circumstances.The boy was taken to Paphos General Hospital where, despite efforts to resuscitate him, he was pronounced dead.Ms Pergandi said Foster had been swinging the child in the air for fun before he temporarily placed him down.Foster’s father-in-law said the trio had left to go for dinner at around 6pm.He said the boy had run into the elevator, and that he had asked him to get out.The grandfather said Foster then “picked up child to place on window and see the view” before he fell, it was heard.Lawyer Alexandros Alexandrou speaking to the media outside Paphos District Court in Paphos, Cyprus (Edward Lawrence/PA)PA WireFoster gave a voluntary statement to police in which he said he placed his son on the windowsill while waiting for the elevator.According to a court translator, the prosecutor said of his statement: “When he placed him on the windowsill the child fell before he had a chance to grab him.”The court heard that Foster could not recall swinging the child, and the judge said it was not connected to him being placed on the windowsill.After the incident, Foster was taken to Paphos General Hospital and a blood sample to detect drugs and alcohol was taken.It was said that that during the time of the incident – by this point around six hours earlier – the alcohol concentration in his blood was an estimated 124mg.The lawyer said his client had fully cooperated with authorities.He said he was held in custody for eight days immediately after the incident, adding that while grieving his child he had to call his daughter from custody to explain what had happened.The lawyer said the moment will “haunt him for the rest of his life”, adding: “From joy to sorrow.”He added: “We’re allowed, even when we’re happy, to lose our concentration. And in that moment he was happy, he held his child.”Foster worked as an auditor and had a long, stable career, but will be called for disciplinary proceedings with a possibility of being struck from the registrar if he is sentenced to prison.Mr Alexandrou said that Foster has experienced the “severe consequence of his actions”, adding: “This will not end with two, three years of prison. This is a punishment he and his family will bear for the rest of their lives.”The lawyer urged the judge to consider a fair sentence that recognises the severity but takes into account the weight of the circumstances.The court heard the window was 2.85 metres (9.3ft) in width and 1.2 metres (3.9ft) in height.Foster – who was assisted by a translator during the hearing – sat in the wooden dock wearing a light blue shirt.He quietly wept as the facts of the case were read out.The man will be sentenced on October 16.