British man fined without jail in Cyprus after pleading guilty to negligence in son's fatal fall

PAPHOS, Cyprus (AP) — A British man who pleaded guilty in the fatal fall of his 3-year-old son from a hotel window is free to return home after a Cyprus court fined him 3,000 euros ($3,380).

Joshua Patric Foster, 38, wept Friday in Paphos District Court as Judge Froso Christodoulidou ruled a prison term was not merited. The charge of negligence carries a maximum prison term of four years imprisonment and a fine of 4,250 euros ($4,788).

“In this case, a prison sentence can be avoided,” Christodoulidou said, noting Foster's behavior and actions throughout the July 12 incident did not demonstrate a degree of negligence commensurate with imprisonment.

Despite the presence of alcohol in his system, there was no evidence to suggest he was impaired to the point where he acted recklessly, according to the judge, who said Foster's omission was not ensuring the window from which the boy fell was closed.

Foster lifted his son up to a fourth-floor hotel window adjacent to an elevator after the boy asked to view the hotel’s waterpark. The toddler slipped from his father’s hands and tumbled out the window, falling 12 meters (40 feet) to his death, according to evidence heard in court.

The fatal fall happened a day after Foster, his wife, son, young daughter and his in-laws arrived in Cyprus for a vacation at the King Evelthon Hotel.

Christodoulidou called the boy's death a tragic incident that happened in an instant and will follow Foster and his family for the rest of their lives.

The judge also took into account the defense’s argument that any prison sentence, even one that was suspended, could result in the loss of Foster’s job after the auditing firm he works for initiated disciplinary proceedings, she said.

After the verdict was read, Foster hugged his parents, who have accompanied him to court throughout the proceedings.

Foster’s lawyer, Alexandros Alexandrou, said his client could leave Cyprus and return home either Friday or Saturday.