LAWYERS of the uncle of little Julen Rosello – who died after falling down a Malaga well – have appealed against a judge’s decision to reject evidence suggesting that the tot was killed by a rescue worker’s pickaxe.
The attorneys, from legal firm Lawbird, are representing the relative of Julen, David Serrano, who owns the farm where the well is and faces charges of ‘reckless homicide’.
The lawyers had submitted evidence to support the theory that Julen’s fatal head injury was from a pickaxe blow.
Their report, based partly on the preliminary autopsy of the child, claims that at least four blows ‘penetrated at least 35cm’ into the earth covering Julen in the well.
However, the judge in Malaga said that the defence’s report was not based on the findings of an ‘expert’, as the final autopsy has not been presented.
In their appeal, Serrano’s team responded by saying that their report was made ‘in good faith’ and is also based on reports by the Guardia Civil.
The lawyers argue that the judge’s decision to reject their report puts Serrano at a ‘clear disadvantage’.
Their report, given to the judge, reads: “The fact that eight hairs from the minor were found on the end of the pick after the last time it was removed, three of which contained the root, leads us to ask: ‘What other alternative theory apart from a direct impact against the head of the minor could explain the presence of these biological remains on the end of the pick?’.”
The evidence is consistent with Julen’s father Jose’s version of events after he fell into the hole, which recount that his son was still alive and not killed instantly.
Speaking days after the incident, he said: “I moved as much as I could all the stones that were there so that they did not fall into the hole, I listened to my son cry, but he could not do anything.”