Skynews Gabriel Diya Comfort Diya_4876130
TRAGIC: Gabriel with daughter Comfort (FACEBOOK)

A JUDGE has granted permission for the family of the tragic drownings at a Costa del Sol resort on Christmas Eve to carry out its own investigation. 

In a document dated January 21, the Fuengirola court accepted the family’s request to conduct a ‘parallel investigation’ after it disagreed with police findings.

It came almost a month after Gabriel Diya, 52, his daughter Comfort, 9, and her brother Emmanuel, 16, all mysteriously perished in a swimming pool at the CLC World Resort pool in Fuengirola.

After initial probes declared the pool safe, Guardia Civil officers placed the blame on the trio’s ‘lack of swimming skills’ – something which the mother Olubunmi Diya has always rejected.

Swimming Pool
SCENE: Pool where three family members drowned (GOOGLE MAPS)

Now the resort has been ordered to grant access to the family’s team of experts and lawyers.

The team will have access to all of the swimming pools, as well as the engines, electrical panels and ‘any other areas deemed necessary.’

The team will be checking the suction force of the drains, the shape and slope of the pool and the electrics.

The judge has also ordered the resort to hand over all CCTV footage from 10am and 6pm on the day of the events to the family’s team.

Meanwhile, per request of the family, the tourism board will hand over all documents relating to the resort to check that it was in compliance with regulation and that it had informed the correct bodies that all three pools were in use.

In a letter addressed to the judge, the family also asked whether or not the hotel was obliged to install a lifeguard.

“If there had been a lifeguard, there would be no talk of this tragic event,” it read.

The investigation continues.

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