THE parents of two-year-old Julen have opposed a request made by the owner of the land where he died to carry out further tests into the cause of death.
Antonia Barba, the lawyer for Victoria Sanchez and Jose Rosello, claimed expert testimony still pending – including final post mortem results – could shed more light on the claims without delaying the investigation.
Landowner David Serrano’s request for further tests to back up his claims Julen could have been killed by rescue attempts after falling down a 71-metre hole was also turned down by a magistrate.
The court presiding over an investigation into negligent manslaughter claims said it was important to hear all expert testimony first. Serrano’s lawyers have since appealed the decision and are urging the Malaga court to call members of the Provincial Fire Brigade, mountain rescue and Guardia Civil to testify over the claims.
Antonio Flores, the firm’s senior partner, claimed a report compiled by his company and signed by his brother, architect Jesus Maria Flores, shows Julen could have been killed by initial efforts to reach him.
The defence team handed the court a report claiming the child could have been killed by a long instrument reportedly used by rescuers to try to move a presumed blockage in the well and which turned out to be where Julen had landed.
Lawyers claimed hairs allegedly found on the tool could show it had harmed the boy’s head. However, sources told Spanish media the hypothesis is unlikely since no blood is said to have been found on the instrument.
David Serrano is so far the only person who has officially been named as under investigation, while several others have been called as witnesses, including Antonio Sanchez, the man who reportedly drilled the borehole. According to Serrano’s lawyers, the investigation could later widen to include others.
Prosecutors also rejected Serrano’s request for further tests saying the court had not yet heard all expert testimony.