A British executive whose two-year-old son fell to his death from an open hotel window in Cyprus has walked free from court after pleading guilty to causing the tragedy.

Joshua Foster, from Essex, was told by a judge that he will 'have guilt for the rest of his life' over his son's fatal fall from the fourth floor at the five-star King Evelthon Hotel near Paphos in July.

The 37-year-old wept and hugged his lawyer as he was told 'jail was not appropriate' and he would instead be ordered to pay a €3,000 (£2,531) fine.

He then walked to his parents at the back of the courtroom, embraced them and said 'we can go home' after he was banned from leaving the island once charged. 

After the hearing, Foster told reporters: 'Thank you for your support. I'm just looking forward to going home and being home with my wife and daughter.'

He then walked away with his parents to collect his documents to leave Cyprus. 

Judge Froso Christodoulides said that the case was 'very serious' but there was no intention to kill and that she would accept his guilty plea, conduct, personal circumstances as mitigating factors. 

'It is no exaggeration to say for rest of his life he will have guilt for losing his child in tragic way,' she said. 

Summarising the case, Judge Christodoulides said that the result of the accident was 'grief and sadness' and she had to assess the recklessness and personal circumstances. 

'Whenever there is loss of life no sentence is satisfactory,' she said. 

She acknowledged that even if the behaviour was reckless it was a mistake and that he did not realise the window was open. 

Foster had consumed some drinks earlier in the day but the judge said this did not play a role in the accident. 

She said that he had no consciousness of danger and it 'all happened so fast'. Judge Christodoulides said that he had 'co-operated immediately' and saved the court time and all interested parties including his wife suffered and he had no criminal history. 

The judge added that there was 'no time to react to when the child slipped from his hands' during 'moments of relaxation and it was negligent not to check whether the window was open or closed. 

However, she said his conduct was an 'innocent mistake' and he 'will need to face his guilt for the rest of his life'. 

She said the case had caused 'lots of harm to his family', his career would be affected and she felt jail was not appropriate. 

However, she said she 'cannot overlook the seriousness of the case' and fined him €3,000. 

Outside court, Alexandros Alexandrou, defending, slammed the authorities for pursuing the prosecution.

He said: 'This case should not have gone to court. We asked for this case to be suspended initially, unfortunately this was not accepted.

'The sentence that was imposed three months later is the minimum punishment the court can impose.

'Within these three months it was a lost opportunity for him to grieve as he wanted and to be with his family.'

He described Foster as 'psychologically very, very stressed', and said he is 'in a hurry and wants to go back to his family'.

The lawyer added: 'He's been through a lot, he's emotionally charged up, but he's relieved it's over.

'They can allow themselves to grieve. They couldn't grieve as they wanted to.'

Praising the verdict, Mr Alexandrou said: 'This shows the degree of compassion our client should have.

'Basically, this was a one off thing that happened in the spirit of the moment. The judge accepted all of our suggestions towards this direction.

'It was a mistake that happened on the spur of the moment without any conscious negligence towards his child.'

Mr Alexandrou highlighted the fact that the court did not rule that Foster was acting under the influence of alcohol.

He also said the case had been 'psychologically difficult' for him to work on but was leaving 'richer emotionally' for having met Foster and his family.

He said: 'I have met the man behind the word 'the accused', I have met his family.

'I met an extraordinary man and an extraordinary father and a very good husband who has a beautiful family behind him that supports him, that embraces him and is always by his side.'

A spokesman for the Foster family said: 'Today marks the end of the legal proceedings in Cyprus, and we are grateful to the court and Judge Christodoulides for her decision to apply the maximum mitigation afforded 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.'

Mr Alexandrou, defending, added: 'Today brings to a close an exceptionally difficult legal process for my client and his family. 

'We are grateful to the court for the care and sensitivity with which it considered the circumstances of this tragic case.

'Throughout the proceedings, our position has been that this was a momentary lapse of attention, without negligence, which has been reflected in Judge Froso Christodoulides' decision to apply the maximum mitigation possible. 

'This isolated, unintended incident had devastating and unimaginable consequences.

'Nothing about today's outcome changes the profound loss this family has suffered. We ask that the family be afforded privacy, compassion and respect as they move forward.'

Earlier, Judge Christodoulides said she decided not to impose a custodial sentence given Foster's 'personal situation and character'.

She said his 'career will be affected' already due to his conviction as the KPMG auditor faces a tribunal in relation to the case that could see him struck off.

This weighed heavily on her mind, as jailing him meant he would automatically lose his right to practice as an auditor.

Judge Christodoulides said while she 'is aware of the seriousness' of the 'tragic' case she was 'troubled' about what sentence to impose.

But she explained that a custodial sentence is only handed out 'when there is no other choice' and in this instance she 'feels it better to impose a fine'.

Ruling that she could not 'overlook the seriousness of the case' she imposed a €3,000 fine – which was close to the maximum €5,000 penalty she could hand out.

Describing the death, the judge said Foster had 'no time to react when the child slipped from his hands'.

She said Foster did 'not check the safety of the child' given he was 'in a moment of relaxation' while in 'holiday mode'.

There was no intent and while he should have noticed 'whether the window was closed or not' this was an 'instant mistake'.

His conduct didn't show any signs of 'consistent negligence' but this was a 'momentary lapse'.

The judge emphasised that 'alcohol content was not serious and did not play a role in the recklessness'.

Foster was also praised for having 'pleaded guilty immediately and cooperated which saved court time'.

The father, 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. 

The father, from Essex, was arrested and held on remand.

He 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.

The boy fell from a 9ft by 4ft window at Cyprus's five-star King Evelthon Hotel near Paphos. He was the third British tourist to die at the hotel in four years. 

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 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 Alexandrou 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.

Foster was arrested and held on remand in what local media previously described as Cypriot police's 'cruellest act'. 

Of the toddler, a family member told the Daily Mail: 'He was a truly special, easy-going little boy who brought so much joy to everyone around him.

'He was deeply adored and his infectious smile, warm cuddles and kind heart are already so deeply missed and always will be.'

At a hearing earlier this month, the father sat in the wooden dock and wept quietly as the facts about the case were read out. 

During mitigation last week, Foster appeared emotional and wiped tears from his eyes. 

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 register.

'That means a real consequence is before him. The professional consequences can be taken into account.'

Mr Alexandrou had 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.

'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 on 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.

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 Christodoulides said: 'It was a moment of relaxation.'

Prosecutor Chryso Pergandi added that none of the facts are disputed.

Mr Foster has worked at the Big Four accountancy firm KPMG since 2015, after graduating from Loughborough University, where he met his wife.

The couple, who live in Chelmsford, in August celebrated their tenth wedding anniversary.

They have travelled together extensively – including on a seven-month 'megamoon' to the US, Canada, Australia and New Zealand.

Mr Foster, who has been a keen tennis player since he was young, also used his tech skills to launch a start-up called Sportch in 2021.

It is described as the UK's 'number one tennis competition app', and is used by 7,000 players from 400 clubs across the country.

Early last year he stepped down as chief executive, writing in a blog post: 'This decision hasn't been easy, but with two young children and significant commitments elsewhere, I know it's vital to ensure that my personal bandwidth doesn't inhibit the growth of Sportch.'

When the Daily Mail visited the King Evelthon Hotel, where the British toddler fell to his death, it found the large fourth-floor window was still open.

UK health and safety guidelines state hotel windows large enough that children can fall through should be restricted to an opening of 4in or less.

But in Cyprus the window must simply be above a ledge at least 3.5ft tall – which King Evelthon complies with.

Mr Foster was initially held on remand without charge for eight days in what local press described as Cypriot police's 'cruellest act'. 

Authorities focused their inquiries on him – rather than the hotel where three British guests have now died in four years, which is owned by an influential Cypriot family.

Stuck behind bars, he was forced to tell his five-year-old daughter of her brother's death over FaceTime. 

She and her mother – a 38-year-old health professional – returned home to the UK at the end of July.

Once he was formally charged, he was forced to pay a total of €30,000 (£25,750) in bail and was banned from leaving the island – though this was temporarily lifted on August 5 to allow him to bury his son.

Mr Foster's guilty plea came after he was informed on what would have been his son's third birthday that Cyprus attorney general George Savvides had rejected an appeal for the case to be dropped.

His lawyer Alexandros Alexandrou asked for the case to be thrown out on humanitarian grounds, arguing there was no public interest in continuing the prosecution. 

Any prolonged criminal process, he added, would only deepen the family's trauma.  

The resort's safety record has come under scrutiny after it emerged the child was the third British tourist to die there in four years.

Ben Woods, 21, from Leigh in Greater Manchester, drowned while playing volleyball in the hotel's pool in July 2022.

Only the following year, six-year-old Ruaridh Nairne, from Inverness, also drowned.

And another woman reportedly died while swimming there in 2024.