Family of father and children who drowned in Costa del Sol pool win right to continue investigation
Video report by ITV News Consumer Editor Chris Choi
A Spanish judge will allow further investigations into the deaths of a father and his two children who drowned in a Costa del Sol swimming pool, following a request from the family.
Gabriel Diya, 52, his daughter, nine-year-old Comfort and son Praise-Emmanuel, 16, drowned in a pool at Club La Costa World in Fuengirola while on holiday on Christmas Eve.
The investigation into the incident ruled their deaths were a “simple accident”, claiming there was no malfunction with the pool and the deaths were caused by a “lack of swimming expertise”.
But the wife and mother of the victims, Olubunmi Diya, said all three could swim, insisting there was "something wrong" with the pool that made it difficult for them to get out.
And on Wednesday, the Superior Court of Andalucia told ITV News that the judge leading the investigation has given permission for an independent engineer to carry out a new inspection of the swimming pool.
It will be carried out by experts appointed by the Diya family and their lawyer.
A spokesperson for CLC World on Wednesday said: "We have cooperated fully and transparently with the authorities from the outset, giving every assistance to their investigations into this tragic accident.
"Naturally, we will continue to do so... we remain confident that there were no issues with the pool, its maintenance or its functioning which contributed to this tragedy."
The family have also claimed that a lifeguard was on duty at another pool nearby, but they were not called when the incident happened.
In response CLC World said there was no "statutory or regulatory requirement for one [a lifeguard] to be in such proximity".