A seven-year-old boy drowned in a public swimming pool in the Cabo de las Huertas area of Alicante on Wednesday after getting his hand trapped in a bottom drain.
The protective grille had got loose and the youngster could not been freed until the power supply was cut to stop the suction system working.
The Policia Nacional took statements from residents claiming it was negligence on behalf of the maintenance company since the drain grid had deteriorated.
The company told the regional Informacion newspaper that it was not their responsibility to review safety elements of the pool and it was down to the lifeguard provider.
They said they were told that the lifeguard and urbanisation concierge both checked the pool early on Wednesday and the drainage covering was fine.
The accident happened at around 2.45 pm when three children were in the pool on Calle Oceano.
The lifeguard was not present as she started her lunch break 15 minutes earlier.
The alarm was raised after the boy got trapped and the police were called.
Residents along with two officers jumped into the pool to rescue the youngster.
The officers were able to free the boy once the drain suction system was switched off, but it was too late.
A doctor who lives in the area unsuccessfully tried to resuscitate the boy along with paramedics.
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