British mum whose family drowned in Costa del Sol 'hires lawyer' after disputing police claims

A British mum who lost her husband and two children in a drowning tragedy in Costa del Sol has reportedly hired a lawyer after rejecting claims from police they could not swim.

Pastor Gabriel Diya, 52, his daughter Comfort Diya, nine, and his son Praise-Emmanuel Diya, 16, died in the tragedy at the Club La Costa World holiday resort on Christmas Eve.

Mum Olubunmi Diya, 49,  from Charlton, south east London, disputed claims the family could not swim properly, which were made by Spanish authorities.

She said in a statement her deceased loved ones, who were on holiday with another unharmed daughter, were able to swim, were not left unattended and were somehow “dragged into the middle” of the pool.

Mrs Diya, who said she found “inaccurate information” given by the police disturbing, added they followed the instructions displayed by the poolside at all times.

She has now hired local lawyer Javier Toro, the Sun reported.

CLC World Resorts and Hotels said claims made by Mrs Diya are “directly at odds with the findings of the police report”.

Gabriel Diya, 52, his daughter Comfort Diya, nine,drowned at the resort in Costa Del Sol(Picture: Facebook)
Mr Diya was a pastor at Open Heavens London, a Christian religious group with origins in Nigeria, based in Charlton (Picture: Facebook)

Mrs Diya said in her statement: “The three of them knew how to swim.

“We never informed the police or anyone that the family members could not swim.

“The whole family, all five of us went to the pool together and were all present when the incident occurred. The children were not left unattended."

She added: “My daughter did not fall into the water.

“My husband went in via the steps trying to hep the two struggling while I ran to the nearby apartments shouting for help to assist my husband.

“By the time assistance came, the three of them were under the water.

“I believe something was wrong with the pool that must have made swimming difficult for them at that point in time."

It is understood that the father and daughter are both British, while the son is American (Picture: Google)
The family were staying at the Club La Costa World resort in Fuengirola, Spain (Picture: Google)

CLC World Resorts and Hotels issued a statement which stresses police findings make it “clear that their exhaustive investigations have confirmed the pool was working normally and there was no malfunction of any kind”.

The statement said: “We would emphasise that these are findings of the police investigation and not our own internal findings as has been wrongly reported by some media.

“CLC can confirm that the pool remains closed out of respect to the victims of this tragedy and that guests have been, and are being, directed to other pools.

“Our sympathies remain with the family at what we understand must be a stressful and desperately upsetting time for them.”

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The hotel operator also pointed to police tests which “determine that it is a tragic accident due to the lack of expertise in swimming of the victims”.

The hotel operator released an English translation of a Guardia Civil report which stated that test has shown there was nothing wrong with the pool.