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

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

News

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

2026-10-16 20:14 Last Updated At:20:20

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.

The judge also cited the defendant's guilty plea, which avoided a lengthy trial, his cooperation with police, lack of a criminal record and his remorsefulness as factors in her decision.

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. Speaking to reporters outside the court, Foster thanked his lawyer and family for their support, saying he wanted to get back to his family.

Foster’s lawyer, Alexandros Alexandrou, said his client could leave Cyprus and return home either Friday or Saturday, adding that the case shouldn't have been brought to trial in the first place.

The court essentially accepted all defense arguments that the incident was “a momentary error without any serious type of negligence or any conscious disregard for the safety of the child,” the lawyer said, adding that the court accepted alcohol consumption “had nothing to do with this” because there was no eyewitness to suggest otherwise.

“Now that the court proceedings are over, the explosion of his emotions at the loss of his child will be immediate,” Alexandrou said.

Briton Joshua Patric Foster, right, arrives at court with his lawyer for sentencing after pleading guilty to negligence in connection with the fatal fall of his three-year-old son from a hotel window during a family holiday in Cyprus, in Paphos, Cyprus, Friday, Oct. 16, 2026. (AP Photo/Petros Karadjias) Adds name of defendant.

Briton Joshua Patric Foster, right, arrives at court with his lawyer for sentencing after pleading guilty to negligence in connection with the fatal fall of his three-year-old son from a hotel window during a family holiday in Cyprus, in Paphos, Cyprus, Friday, Oct. 16, 2026. (AP Photo/Petros Karadjias) Adds name of defendant.

Briton Joshua Patric Foster, right, arrives at court with his lawyer, left, for sentencing after pleading guilty to negligence in connection with the fatal fall of his three-year-old son from a hotel window during a family holiday in Cyprus, in Paphos, Cyprus, Friday, Oct. 16, 2026. (AP Photo/Petros Karadjias) Adds name of defendant.

Briton Joshua Patric Foster, right, arrives at court with his lawyer, left, for sentencing after pleading guilty to negligence in connection with the fatal fall of his three-year-old son from a hotel window during a family holiday in Cyprus, in Paphos, Cyprus, Friday, Oct. 16, 2026. (AP Photo/Petros Karadjias) Adds name of defendant.

Briton Joshua Patric Foster arrives at court for sentencing after pleading guilty to negligence in connection with the fatal fall of his three-year-old son from a hotel window during a family holiday in Cyprus, in Paphos, Cyprus, Friday, Oct. 16, 2026. (AP Photo/Petros Karadjias) Adds name of defendant.

Briton Joshua Patric Foster arrives at court for sentencing after pleading guilty to negligence in connection with the fatal fall of his three-year-old son from a hotel window during a family holiday in Cyprus, in Paphos, Cyprus, Friday, Oct. 16, 2026. (AP Photo/Petros Karadjias) Adds name of defendant.

ROME (AP) — Doctors said Friday that tests have confirmed the “continued improvement” in Pope Leo XIV’s condition following lung cancer surgery.

The 71-year-old Leo presided over Mass, and distributed Communion, in a special chapel set up for him in the Gemelli hospital, Vatican spokesman Matteo Bruni said.

“His post-operative recovery allows him to carry out his normal daily activities completely on his own,” said the medical update signed by Leo’s personal physician Dr. Luigi Carbone and the head of thoracic surgery at Gemelli, Dr. Stefano Margaritora.

THIS IS A BREAKING NEWS UPDATE. Check back for updates. AP’s earlier story follows below.

Pope Leo XIV’s recovery from lung surgery has progressed so normally that the Vatican on Friday stopped providing morning updates confirming he had woken up and had breakfast, even as questions swirled about what his cancer means for the future of his young pontificate.

But in a sign it was all systems go, the Vatican on Friday published the names of journalists whose accreditation requests had been accepted to fly on Leo’s plane with him during his Nov. 6-17 trip to Uruguay, Argentina and Peru.

Leo’s ability to make the trip has been in question since his Oct. 13 surgery, and the Vatican can change plans at any time. But the posting of the media list signaled that at least on an organizational level, the trip was going ahead.

In the nearer term, Vatican officials were gaming out possible scenarios for Leo to recite the traditional Sunday noontime Angelus prayer. Vatican media personnel were seen at the Gemelli hospital laying cables for a possible live broadcast, as past popes have done when hospitalized.

Cardinal Pietro Parolin, the Vatican secretary of state, said a recitation of the noontime prayer on Sunday from the hospital was a possibility, but would depend on Leo’s post-operative recovery. Such appearances have often served as a welcome confirmation of a hospitalized pope's well-being for the 1.4-billion strong Catholic faithful and others.

Parolin said he remained concerned about the pope, but indicated that was also a function of his surprise at learning that Leo needed surgery. Parolin, who was considered a leading contender in the conclave that elected Leo and was recently passed over as dean of the College of Cardinals, surprised some by suggesting that the pontificate itself might need to be adjusted.

“We can’t make any type of predictions,” Parolin said Thursday on the sidelines of a diplomatic event, according to the LaPresse and ANSA news agencies. “The question now is when he will return, under what circumstances he will return, and what the doctors say. And based on all these factors, the pope will then adjust his pontificate, if it needs to be adjusted,” he was quoted as saying.

The 71-year-old Leo had the lower lobe of his right lung removed on Tuesday after doctors identified a suspected cancerous nodule. The surgery confirmed he had adenocarcinoma, the most common type of lung cancer.

On Thursday, the American pope resumed working from his hospital room and met with his chief of staff, while continuing with respiratory physiotherapy. His doctors said tests showed his lung had recovered well from surgery, that other post-operative tests were in the norm and that overall his recovery was proceeding as expected.

Doctors are still awaiting the results of tests to understand the precise molecular and genetic makeup of the cancer, whether it has spread beyond the lobe and whether any further treatment is necessary.

Meanwhile, the Vatican on Friday released photos of some get-well notes that had been sent to Leo from patients at Gemelli's pediatric oncology ward, located on the 10th floor, where popes past have often visited during their own hospitalizations.

One, from 7-year-old Angelo, told Leo that he had been on the 10th floor for 36 days. “My mother and I pray for you every night. Get well soon," he wrote, with little hearts at the bottom.

Giorgia, a university-aged student, wrote to Leo in his native English, saying she had long loved learning and practicing the language.

“When I heard on the news about you and your situation, I felt it a thousand times harder, because in some ways we're going through the same thing, and it made me feel closer to you,” she wrote. “I pray to God that we both heal and I ask you to pray for me, too.”

Associated Press visual journalist Trisha Thomas contributed to this report.

Associated Press religion coverage receives support through the AP’s collaboration with The Conversation US, with funding from Lilly Endowment Inc. The AP is solely responsible for this content.

A woman holds photos of Pope Leo XIV as she prays at the Agostino Gemelli Polyclinic where the pontiff is hospitalised, in Rome, Thursday, Oct. 15, 2026. (AP Photo/Alessandra Tarantino)

A woman holds photos of Pope Leo XIV as she prays at the Agostino Gemelli Polyclinic where the pontiff is hospitalised, in Rome, Thursday, Oct. 15, 2026. (AP Photo/Alessandra Tarantino)

The moon rises behind the statue of late Pope St. John Paul II at the Agostino Gemelli Polyclinic where Pope Leo XIV is hospitalised, in Rome, Thursday, Oct. 15, 2026. (AP Photo/Alessandra Tarantino)

The moon rises behind the statue of late Pope St. John Paul II at the Agostino Gemelli Polyclinic where Pope Leo XIV is hospitalised, in Rome, Thursday, Oct. 15, 2026. (AP Photo/Alessandra Tarantino)

Pope Leo XIV arrives at the Agostino Gemelli Polyclinic in Rome, Tuesday, Oct. 13, 2026, where he's expected to be operated to remove a lung nodule. (AP Photo/Alessandra Tarantino)

Pope Leo XIV arrives at the Agostino Gemelli Polyclinic in Rome, Tuesday, Oct. 13, 2026, where he's expected to be operated to remove a lung nodule. (AP Photo/Alessandra Tarantino)

An image of Pope Leo XIV is seen under the statue of late Pope St. John Paul II at the Agostino Gemelli Polyclinic where the pontiff is hospitalised, in Rome, Friday, Oct. 16, 2026. (AP Photo/Gregorio Borgia)

An image of Pope Leo XIV is seen under the statue of late Pope St. John Paul II at the Agostino Gemelli Polyclinic where the pontiff is hospitalised, in Rome, Friday, Oct. 16, 2026. (AP Photo/Gregorio Borgia)

An image of Pope Leo XIV is seen under the statue of late Pope St. John Paul II at the Agostino Gemelli Polyclinic where the pontiff is hospitalised, in Rome, Friday, Oct. 16, 2026. (AP Photo/Gregorio Borgia)

An image of Pope Leo XIV is seen under the statue of late Pope St. John Paul II at the Agostino Gemelli Polyclinic where the pontiff is hospitalised, in Rome, Friday, Oct. 16, 2026. (AP Photo/Gregorio Borgia)

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