Costa del Sol town hall denies responsibility for well where local resident fell to his death

Vélez-Málaga town hall has disassociated itself from the plot of land where the well in which a local resident died in September is located and councillors have denied that there is a "contractual agreement for use" of the private land, despite it being cleaned and used as a free car park.

The death of David Ruiz Hierrezuelo, a 51-year-old Vélez-Málaga resident who died after falling into an unsealed well, shocked the town at the beginning of September. His family and friends said that his death "could have been avoided" if the well, which had been disused for several decades, "had been properly marked, fenced off and closed". This has now happened since David's death.

Pending confirmation of whether or not the family will take the matter to court, it was debated at the last council meeting where a motion was unanimously approved to ask the Andalusian regional government to monitor unsealed wells.

In the hours following the discovery of the body, the area was cordoned off with police tape and metal and plastic fences with iron bars were placed around the edge of the well. Since the news broke residents of Vélez-Málaga have taken to social media to criticise the fact that the well where the body was found was "unmarked, uncovered and without any warning signs".

The spokesperson for opposition political party Andalucía por Sí, José Pino, asked the ruling coalition led by mayor Jesús Lupiáñez (Partido Popular) in writing about the council's connection to the plot, as despite being private, it is used as a free parking area and is frequently cleaned for this purpose. In a written response to the councillor, dated 25 September, to which SUR has had access, the town hall disassociates itself from the land, stating that "there is no contractual agreement for the use of this plot".

The response has outraged Pino: "According to Lupiáñez, the town hall has no agreement to use the plot, but despite this, it has done so, cleaning it up and using it as a car park. What a way to break the law. Do the other private plots deserve to be cleaned up by the council for free too? We demand that Lupiáñez conduct an urgent investigation into what happened here and that he does not remain silent, but faces up to his responsibilities like a real mayor," Pino said on social media.

The mayor of Vélez-Málaga said during the council meeting that from the moment he became aware of the existence of the well "preventive measures" were taken, always respecting the judicial investigation on the ground. "Once it was possible, the hole was completely sealed," Lupiáñez added.

Vélez-based company Carburantes Clavero has also distanced itself from ownership of the land in a statement posted on its social media. "We wish to clarify that, contrary to what has been reported in various media outlets and on social media, the land where the accident occurred does not belong to our company. It was sold to a Malaga-based construction company in 2005 and currently belongs to a bank," Carburantes Clavero reiterated its "respect for the truth and our willingness to cooperate with the authorities to fully clarify the circumstances of this unfortunate event."