Joshua Foster, a 37-year-old artificial intelligence director at a multinational company, appeared before the Paphos District Court after admitting guilt over the death of his three-year-old son.
Foster, who is from Essex, faces up to four years in prison. His conviction could also have serious professional consequences, with the court told that he could be removed from the register of auditors.
Child fell from fourth-floor window
The incident happened on 12 July while Foster was staying at a hotel in the Paphos area with his wife, their three-year-old son, five-year-old daughter and his in-laws.
According to evidence presented to the court, Foster, his father-in-law and the three-year-old were walking towards a lift when the child noticed a water park outside the hotel. Foster allegedly picked him up to show him the view from the fourth floor.
The court heard that Foster did not realise the windows were open. He briefly lost control and contact with the child, who fell through a window measuring approximately nine by four feet, from a height of about 33 feet.
Foster saw his son fall, took the lift downstairs and ran to the spot where the child had landed on a terrace below. The child’s mother was alerted and rushed to the scene.
Despite resuscitation efforts, the boy had suffered multiple skull fractures and could not be saved.
Defence seeks leniency
Foster was arrested and remanded in custody. During the proceedings, he sat in the dock with the assistance of an interpreter and silently cried as the facts of the case were read out.
He pleaded guilty last month in the hope that the court would show leniency and impose a suspended sentence, allowing him to return to the UK to grieve with his family.
During mitigation, defence lawyer Alexandros Alexandrou said Foster’s remorse was “clear” and stressed the devastating impact of the tragedy on the family.
He also told the court that Foster had been informed by the Auditors Council that he would face disciplinary proceedings, with a real possibility of being removed from the professional register.
Defence addresses alcohol level
The court was told that Foster had consumed drinks by the pool earlier that day before returning to his room.
A blood test taken after his arrest showed an alcohol level of 34mg per 100ml of blood. Laboratory calculations estimated that his level at the time of the incident would have been around 124mg per 100ml, equivalent to approximately four drinks.
The defence did not seek to disregard the alcohol consumption but argued that its presence in Foster’s blood should be distinguished from the cause of the incident.
Alexandrou said there was no evidence from Foster’s father-in-law or other witnesses that he appeared drunk or showed obvious signs of intoxication.
Sentencing due on October 16
The defence argued that imprisonment would not serve the public interest, saying Foster had already experienced devastating consequences from his actions.
The prosecution did not dispute the factual circumstances of the case.
The case was adjourned until 16 October, when Foster is expected to be sentenced.
Also read: Father says three-year-old death happened ‘in seconds’
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