A City executive whose two-year-old son fell to his death from an open hotel window in Cyprus could be struck off after pleading guilty to causing the death, a court heard.
Joshua Foster, 37, an AI director at KPMG, 'lost control' of the two-year-old while showing him the view of a water park from the fourth floor of the five-star hotel on July 12, Paphos District Court heard.
Foster, his father-in-law, and son were walking to the elevator when the toddler noticed the water park outside.
But Foster did not know the windows were open and 'lost control and contact with his son', who slipped and plunged 33ft.
Foster, from Essex, was arrested and held on remand in what local media described as Cypriot police's 'cruellest act'.
Sitting in the wooden dock while being assisted by a translator during the hearing, Foster wept quietly as the facts about the case were read out.
The charge carries a maximum sentence of four years in prison – and even if he is freed, his conviction means he faces being struck off as an auditor.
Foster pleaded guilty last month to causing the death of his child, in the hope the authorities will show mercy and give him a suspended sentence that would allow him to return to the UK to grieve.
Joshua Foster a 37-year-old KPMG AI director pleaded guilty over the death of his two-year-old son, who died after falling from a hotel window in Cyprus
The toddler was the third British tourist to die at the five-star King Evelthon Hotel near Paphos in four years
The boy fell from a 9ft by 4ft window at Cyprus's five-star King Evelthon Hotel near Paphos.
Foster 'saw the child falling, went downstairs with the lift and ran towards his son', finding him 'unconscious' on the veranda below.
His wife, who cannot be named, was notified and raced to the scene where she 'held the child in her arms', prosecutor Chryso Pergandi said.
Despite efforts to resuscitate him, the boy had multiple skull fractures and could not be saved.
Foster appeared emotional and wiped tears from his eyes during a mitigation hearing at Paphos District Court today, ahead of his sentencing next week.
Alexandros Alexandrou, defending, said Foster's 'remorse is clear', adding: 'This family has suffered a huge destruction of their family balance.
'We do not have a person before you who is isolated from family responsibilities. We have a father, husband and a person who contributes to society.
'As I said earlier, the defendant is an auditor. He has been informed by the board of auditors he will be called for a disciplinary process, with an actual possibility that his profession will be affected and he will be struck from the registrar.
'That means a real consequence is before him. The professional consequences can be taken into account.'
Mr Alexandrou questioned the public interest in imprisoning Foster, saying: 'What exactly will a prison sentence achieve in terms of deterrence? There's no recurring theme.
'We don't have a person who did not recognise the severity of the case. You have before you a person who experienced the most destructive and severe consequence of his actions.
Mr Foster placed the toddler on a windowsill at the King Evelthon Hotel, near Paphos, not realising the window was open
'And this is his punishment. 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.'
Foster had arrived at the hotel near Paphos in the early hours of July 12 with his wife, son, five-year-old daughter and parents-in-law.
After having drinks by the pool in the afternoon he returned to his room before going to the lift with his son and father-in-law to meet the rest of the family for dinner.
Foster 'held his child in his arms, walked, played, just as any father would in a pleasant, joyous moment of their life while on vacation', Mr Alexandours said.
Some distance from the window, he 'was swinging the child in the air for fun' – but it was accepted this had no bearing on the case and occurred before the tragedy.
Later, thinking there was 'protective glass' on the window, he momentarily placed his son on the windowsill 'to see the view' when he tragically fell.
After Foster's arrest, a blood sample was taken to detect alcohol or drugs which showed he had 34mg of alcohol per 100ml – equivalent to about one drink.
Lab tests estimated that at the time of the accident it would have been 124mg – around four drinks – but this did not form a major part of the prosecution.
Mr Alexandrou said he is 'not asking to ignore the consumption of alcohol', but added: 'He was on holiday, at the pool on vacation it's something that happens.
'But we need to separate two separate things. One thing to have alcohol in his bloodstream and another to say the alcohol is the reason that led to this incident.'
He said there was no testimony from the father-in-law or other witnesses 'that he was walking drunk' or 'had obvious signs of being drunk'.
Mr Alexandrou added: 'Immediately after the incident, he went downstairs, ran down, trying to bring the child back to consciousness, had to interact with people at the hotel, with the hospital staff, and police.
'No one said there was a state of mind that would reach such a conclusion.'
He said immediately after the tragedy Foster was 'in jail'.
Mr Alexandrou said: 'He was grieving his child, the other child did not know about the condition of her brother, he was in jail, his wife in a state that the human mind cannot grasp.
'I say this not to invoke the pity of the court but that all this for any conscientious family man is a punishment.
'He admitted guilt and he admits the momentary oversight that will haunt him for the rest of his life. From joy to sorrow.
'We're allowed, even when we're happy, to lose our concentration. And in that moment he was happy, he held his child.'
Judge Froso Christodoylidou said: 'It was a moment of relaxation.'
Prosecutor Chryso Pergandi added that none of the facts are disputed.
The case was adjourned for sentencing on October 16.