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Julen's parents, José and Victoria, supported on the right by David Serrano and his partner.
Julen's parents say they didn't know there was a borehole near where their son was playing

Julen's parents say they didn't know there was a borehole near where their son was playing

As the court investigation continues, the hikers who were the first on the scene to help in Totalán, have also been telling the judge what they found

JUAN CANO / ÁLVARO FRÍAS

Friday, 1 March 2019, 09:53

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The court investigation has been continuing this week into a possible charge of negligent manslaughter over the death of Julen in a borehole in January.

On Monday, the parents of the two-year-old gave their version of events in Totalán in January. They were accompanied on arrival at Malaga's main court complex by the owner of the land the borehole was on, David Serrano, and his partner, who is the cousin of Julen's father.

Family day out

Both couples had been enjoying a family day on the land owned by Serrano when Julen suddenly plunged over 70 metres into the 25cm wide hole. Serrano is the only person under formal investigation as the judge decides whether he should be tried for possibly not doing more to prevent the accident.

In their declarations, according to sources, the parents said they didn't know the exact location of the well nor how deep it was. David Serrano's partner was also quizzed. The judge asked her directly, said sources, if she had heard Serrano warn the group of the well's location. Serrano had told the judge in his statement last Friday that he had warned them all and had covered the hole with two blocks of cement. He claimed he had never imagined a child could fit in such a narrow hole.

Landowner's legal team suggests rescue workers should be quizzed as well

  • Lawyers from Lawbird Legal Services, leading the defence of David Serrano, owner of the land where the borehole is located in Totalán, have presented a new report to the investigating judge. It suggests that Julen may have died after the fall during the early stages of the rescue bid and says that some of the rescuers should be interviewed as well.

  • In the document, they say that the toddler cried after falling and scrapes against the narrow walls of the hole would have slowed his fall, indicating he may have survived. It adds that, "the only thing that could physically have caused the injuries to the youngster's head and skull", which a preliminary autopsy said killed him, was the tool used during the rescue process. A metre-long metal pick was lowered down the hole to try to dislodge a plug of earth blocking the way to where Julen was believed to be. Hair strands from the boy were recovered in the first stage and, in the defence's opinion, the tool may have made contact with Julen's head.

"Scapegoat"

His partner said that she didn't remember hearing the warning but that Serrano was cautious and was likely to have said so. Lawyers for Serrano, who is close to Julen's parents, have said he is being used as a "scapegoat".

Three people walking nearby who were first to offer support to the family on 13 January and who called emergency services were interviewed by the presiding judge on Wednesday. According to sources, they told the investigation that it wasn't possible to spot the borehole and that they couldn't remember seeing blocks of concrete in the area.

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