In a voluntary statement to police, Foster said when he placed his son on the windowsill, the boy “fell before he had a chance to grab him”.
While Foster had alcohol in his system, it did not form a significant part of the case against him – and his lawyer said there was no testimony he was drunk.
Alexandrou said Foster was held in custody for eight days immediately after the incident and had to call his daughter from custody to explain what had happened.
The court heard the window was 2.85m (9.3ft) wide and 1.2m (3.9ft) high.
In a statement outside court, Alexandrou described his client as an “incredible father”.
“[He is] an exemplary family man with a beautiful family behind him, that support him, that embraces him, that has always been by his side.”
Speaking via a translator, Alexandrou said Foster was only now confronting what had happened because the court proceedings were very stressful for him.
He added: “Now that the entire proceeding has finished, now this eruption of emotions from the loss of his child will probably be immediate.”
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