JULEN Rosello’s parents have asked for three and a half years in prison for the owner of the land where their son died down a well.
David Serrano, the boy’s relative, who owns the farm where he was found dead, faces charges of manslaughter due to recklessness.
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It comes after the two-year-old died from head trauma in January following his fall down an uncovered well at the farm in Totalan.
The rescue mission, which retrieved his body was the biggest in Spain’s history, with some 300 service personnel drafted in to help.
But now, Serrano, who is cousin to Julen’s father Jose Rosello, is alleged to have committed ‘extremely serious’ negligence, according to court documents.
It has already emerged Serrano did not obtain administrative permits for the construction of the well.
The Junta de Andalucia has opened a case against him for a serious safety breach.
“There has been no repair of the damage and he has not apologised to the child’s parents,” said Antonia Barba, the lawyer representing Julen’s mum and dad.
She added that Serrano’s defence was ‘increasing the damage to the child’s parents’, after the landowner claimed Julen was killed with a rescue worker’s pickaxe.
But Serrano’s lawyers, from legal firm Lawbird, hit back as they blasted the ‘weak strategy’ of the prosecution.
They argue that Julen’s fall was an ‘unforeseeable and fortuitous event, or at least impossible to foresee’.
Serrano apparently issued ‘indisputable and repeated warnings of danger to the parents’.
The defence’s arguments rest on the ‘negligence’ of Antonio Sanchez, owner of the company that conducted the survey for the well, and Julen’s parents.
Julen’s parents’ request for three and a half years in prison is greater than that of the Public Ministry, which had asked for three years.