The Court of Instruction number 9 of Malaga, in charge of the case for the death of Julen, the two-year-old child whose body was found dead 13 days after falling into a well, has decided that there is no place to practice the proceedings requested by the defense of the only one investigated in this case, the owner of the farm in which the survey in which the small one fell is found. In addition, he questions that the report presented that pointed to the rescue tasks as cause of death "has the consideration of expert".
The defense of David Serrano presented last week a report whose conclusions "allow us to presume" that the death of the child "could have occurred during the rescue work" and in which it is pointed out that it could be the use of a pickaxe in the first hours of said tasks which explains the injuries that the minor presented. As a result of this document, he requested several firefighters and civil guards to declare that they participated in the operation during the first days.
The judge indicates, through a car to which Europa Press has had access, that the proceedings requested by the defense "are not considered relevant in this stage of the proceedings", pointing out that the autopsy report is missing. The part, says the instructor, "is obvious that only a preliminary report is attached", adding that there are also more testimonial statements to be made.
On the other hand, indicates that to make these requests "only a report issued or made by an architect is made that makes a series of assessments" of the content of the documents that are in the summary "without properly having the consideration of expert report" .
Also, the judge adds that the defense does not justify the purpose or need to carry out the requested statements, so it understands that "it is not considered that they have been requested in due form." Regarding the request that the Civil Guard conduct a study of the composition of the earth collected in the upper part of the child, it indicates that samples have already been taken that are pending analysis.