Mother, 49, who lost two children and her husband when they drowned will take legal action

The mother who lost two children and her husband when they drowned in a Costa del Sol swimming pool is set to take legal action against the hotel where they died.

Olubunmi Diya, 49, insisted that ‘something must have been wrong with the pool’ that ‘made swimming difficult’ as she challenged the claim that her husband Gabriel, 52, and children Comfort, nine, and Praise-Emmanuel, 16, were unable to swim.

The family had been on holiday at the resort from their home in Charlton, south-east London, when tragedy struck as Praise-Emmanuel and Gabriel jumped into the pool after Comfort got into difficulty.

Gabriel Diya is pictured with his wife Olubunmi, who was on holiday with him and their three children when the tragedy struck on Christmas Eve

Mrs Diya and her eldest daughter were offered counselling by the Spanish authorities, but a war of words has since broken out between the widow and bosses at the Club La Costa World resort near Fuengirola, Malaga, who say there ‘was no malfunction of any kind’ at the six-and-a-half-feet deep pool.

Now Mrs Diya has hired one of Spain’s top lawyers to dispute claims they could not swim.

Comfort, nine, (pictured above with her father in 2016) had been playing in the pool with sister Favour when she slipped and drifted towards the deep end, which was six-and-a-half-foot deep

Comfort, nine, (pictured above with her father in 2016) had been playing in the pool with sister Favour when she slipped and drifted towards the deep end, which was six-and-a-half-foot deep

Earlier reports had alleged their may have been a problem with the pool's pump system. It is one of several at Club La Costa World, near Fuengirola, but was little used as it was not heated

Earlier reports had alleged their may have been a problem with the pool’s pump system. It is one of several at Club La Costa World, near Fuengirola, but was little used as it was not heated

Fuengirola-based lawyer Javier Toro said: ‘I was present for both police interviews and she never said they couldn’t swim and nor did her older daughter.’ In a statement to Sky News yesterday, Mrs Diya said her family had been left ‘utterly heartbroken’ by the tragedy.

‘I believe something was wrong with the pool that must have made swimming difficult for them at that point in time,’ she added.

But the hotel operators said that Mrs Diya’s claims are ‘directly at odds with the findings of the police report’.

CLC World Resorts and Hotels said police findings made it ‘clear that their exhaustive investigations have confirmed the pool was working normally and there was no malfunction of any kind. Our sympathies remain with the family at what we understand must be a stressful and desperately upsetting time for them.’

The hotel operators said that Mrs Diya's claims are 'directly at odds with the findings of the police report'

The hotel operators said that Mrs Diya’s claims are ‘directly at odds with the findings of the police report’

It was initially claimed that none of the trio knew how to swim when they entered the pool on Tuesday (Pictured: Gabriel and Praise-Emmanuel)

It was initially claimed that none of the trio knew how to swim when they entered the pool on Tuesday (Pictured: Gabriel and Praise-Emmanuel)

Pictured: The entrance to the Club La Costa World resort on Spain's Costa del Sol where three Britons died

Pictured: The entrance to the Club La Costa World resort on Spain’s Costa del Sol where three Britons died

Ugly war of words breaks out over Costa Del Sol pool tragedy as British mother whose husband, son and daughter drowned hires a lawyer and blasts hotel while insisting her family COULD swim and a fault was to blame

The ‘utterly heartbroken’ mother whose husband and two children drowned in a Costa del Sol swimming pool has hired a top lawyer to dispute claims they could not swim.

Olubunmi Diya, 49, said yesterday that ‘something must have been wrong with the pool’ that ‘made swimming difficult’ as she challenged the allegation her husband Gabriel, 52, and children Comfort, nine, and Praise-Emmanuel, 16, were not skilled in water. 

Her words put the spotlight back on the six-and-a-half feet deep pool at Club La Costa World near Fuengirola, Malaga, where it has been alleged there were problems with the pump system.

However, resort chiefs have repeatedly claimed there ‘was no malfunction of any kind’ at the pool after Spanish Police found Comfort’s swimming hat in the suction system.

The tragedy occurred after a nine-year-old girl got into difficulties in the resort's swimming pool (pictured) and her older brother and their father jumped into the water to save her

The tragedy occurred after a nine-year-old girl got into difficulties in the resort’s swimming pool (pictured) and her older brother and their father jumped into the water to save her

The police have also conducted an ‘exhaustive’ investigation which they said found no fault with the pool.

Praise-Emmanuel and Gabriel jumped into the pool after Comfort lost her footing and got into difficulty. Daughter Favour, 14, had been playing with Comfort moments beforehand.

The family had been on holiday at the resort from their home in Charlton, south-east London.

Fuengirola-based lawyer Javier Toro, spokesman for centre-right Ciudadanos party in the principality, is understood to be working with Mrs Diya. 

In a statement to Sky News yesterday, she said her family has been left ‘utterly heartbroken’ by the tragedy.

‘The whole family, all five of us went to the pool together and were all present when the incident occurred,’ she said. ‘The children were not left unattended. We followed the instructions displayed by the poolside at all times.

‘The children went into the pool using the steps but found themselves dragged into the middle, which was deeper and called for help when they could not get out.

‘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.’

Speaking about her loss, Ms Diya said: ‘We are deeply shocked, saddened and struggling to come to terms with their passing. They all brought a joy and love to the world and to everyone that crossed their path.

‘We love them all dearly, will always remember them in our hearts and miss them greatly.’

Mrs Diya’s comments contradict earlier claims by the Spanish Police that her surviving daughter, Favour, had claimed the family didn’t know how to swim.

Francisco Gonzalez, a spokesman for the Civil Guard union AUGC, said: ‘The surviving sister has said they didn’t know how to swim.

A police van at the scene after a nine-year-old girl got into difficulties at the swimming pool of the Club La Costa World resort near Fuengirola this afternoon

A police van at the scene after a nine-year-old girl got into difficulties at the swimming pool of the Club La Costa World resort near Fuengirola this afternoon

‘With that information and the fact we know the water in the pool was very cold, the mystery of what caused this awful tragedy begins to unravel itself.’

Hotel operator CLC World Resorts and Hotels responded last night by stating the grieving mother’s claims are ‘directly at odds’ with the findings of the police report.

‘(The report) makes it clear that their exhaustive investigations have confirmed the pool was working normally and there was no malfunction of any kind,’ they said.

‘The police report containing full findings has been passed to us and also made public by the police.

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

They have also stated that ‘diligent’ and ‘exhaustive’ police investigations have confirmed that the pool was ‘working normally’ and that there was ‘no malfunction of any kind’. 

Resort chiefs had also previously said there were ‘no concerns’ relating to the pool in question. 

Police sources later confirmed it had been discovered in the pool drainage grid but insisted divers had not identified any problems that could have caused a dangerous suction entrapment when they were in the water after the tragedy.

It was later claimed the swimming cap had been located in a pool skimmer basket where things like leaves or insects normally end up.

On Wednesday night, resort chiefs said the Civil Guard had given them permission to reopen the pool which is one of several on the sprawling holiday complex but was being little used because it was not heated.

The force insisted overnight it had never authorised the reopening of the pool because the resort operator was responsible for the holiday complex and the safety of its holidaymakers, and police had never closed it in the first place.

Autopsies performed at Malaga’s Institute of Forensic Medicine on Wednesday reportedly confirmed the cause of death of all three Britons was drowning.

Pathologists found no signs of any external injuries, or evidence they had been poisoned, during the examinations. Medical experts have also found nothing pointing to chlorine poisoning in the pool.

Gabriel’s widow and surviving daughter are due to fly back to the UK today after a week long holiday, but are currently being comforted by relatives who flew to Spain from Britain. 

It is not yet clear whether they will delay their return or jet back home as scheduled.

A witness who helped perform CPR on pastor father-of-three Mr Diya told on Wednesday how his wife prayed and touched her loved ones’ bodies to try to will them back to life.

Josias Fletchman, from Manchester, said in a moving account of how he tried to save them: ‘The mum was praying for them to come back to life.

‘She was calm. She was touching their bodies. She continued praying even after the ambulance people arrived and had stopped trying to revive them.

‘She exercised her faith to the limit. I was performing CPR on her husband but I’m a believer and I prayed as well.

‘She strengthened me in the way she reacted. It just wasn’t meant to be.’

Mr Diya was head of Open Heavens, a London branch of the Redeemed Christian Church of God network founded in Nigeria. He also ran his own property business.

His widow, an assistant pastor, is a systems analyst who owns her own software firm.

Praise-Emmanuel, a Bexley heath Grammar School student, was the only one of the five relatives who was not travelling on a British passport. Police described the teenager, thought to have been born in Illinois, as American in the wake of the tragedy.

Pastor Agu Irukwu, of the Redeemed Christian Church of God, described Mr Diya to his congregation as ‘humble, friendly and a committed pastor and Christian leader’.

The church had previously said in a post on social media: ‘With heavy hearts, we extend our condolences to the family, parish, friends and associates of Area Pastor Gabriel Diya who sadly passed away, along with two of his children in a tragic accident while on a family holiday in Spain.

‘At this very difficult time, our prayers are for Pastor Gabriel Diya’s family, the parishes that were under his supervision, friends, associates members of RCCGs and the general public.’

Comfort has been remembered as ‘the most wonderfully kind, thoughtful, caring pupil who was a role model for all her peers’ by head teacher Jo Marchant at Windrush Charlton primary school, which the youngster attended.

‘(She will be) greatly missed by the whole school community, adults and children alike,’ she said, ‘(it is) extremely distressing news’. 

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