Olubunmi Diya, widow of a pastor of the Redeemed Christian Church of God (RCCG), Gabriel Diya, who who died alongside two of their children in a Spanish swimming pool has won the right to further investigations into why the tragedy happened.
Pastor Diya, 52, who led Open Heavens parish in Charlton, London, died in a hotel swimming pool on the Costa del Sol, Spain on Christmas Eve alongside his son Praise-Emmanuel Diya, 16, and daughter Comfort Diya, nine, while on a vacation.
Police said its investigation showed it was a “tragic accident” caused by all three lacking swimming skills.
A Civil Guard police report also concluded there was “no malfunction of any kind” in the pool.
But Olubunmi insists her husband and children knew how to swim and claims a fault with the pool was to blame.
A judge in Fuengirola has now agreed to delay the final report on the deaths and allow an engineer and a professional diver to examine the pool at the Costa Del Sol resort.
The investigation will examine the pump and motor at the pool and analyse water circulation, the pool suction and drains, and its electrical installations. The resort must also hand over CCTV footage from the day of the tragedy.
The judge’s final ruling on the deaths could now be delayed for several weeks.
The family’s lawyer, Javier Toro, had earlier told reporters they were seeking a “parallel investigation through engineers”.
Surviving daughter Favour, 14, describing the tragedy said the family was not aware that the deepest part of the pool was the ‘bit in the middle’.
“I realised I was out of my depth soon after I got into the water. I got scared and only managed to get out with some effort because I’m not used to swimming in places where the water is deep and I can’t stand up,” she said.
“As I was trying to get out I heard my brother shouting for help and saw my sister was under the water and my brother was struggling to keep his head above water.
“My father, who was not in the water, quickly took his trousers off and jumped into the water to help my brother and sister.”
