The lawyers representing David Serrano, the owner of the land where two-year-old Julen died after falling down a borehole in January, have written to the courts in Malaga asking the judge to dismiss the case against him. They cite a "tenuous strategy" in which they seek to blame him for an "unforeseen and accidental event", or at least an accident which they say was "impossible to foresee".
The letter comes after the investigation concluded Serrano had committed homicide due to gross negligence and the public prosecution's request for him to be given a three-year prison sentence. The lawyers had until 14 July to appeal against the investigation's conclusions.
Warning of danger
The letter claims that there is "no link between possible actions and omissions" that led to the tragedy on 13 January. It also refers to the apparent "indisputable and reiterated warning of the dangers" that Serrano gave to Julen's parents and to "negligence" of Antonio Sánchez, manager of the prospecting company which Serrano had contracted to look for water on the land that he had bought in October 2018.
The lawyers also maintain that Julen's parents, José Roselló and Vicky García, had a responsibility to "keep an eye on" their son, which they argue they didn't do.
The letter concludes that it is "impossible to construct a solid accusation given the arguments", and that they have said throughout the trial that the courts have had a "tenuous strategy" to blame Serrano.