Police have described the incident as a ‘tragic accident’ caused by the victims’ lack of swimming skills.
But Diya’s widow Olubunmi, who returned to the UK with her surviving daughter Favour (14) last Saturday, has hired a Spanish lawyer after claiming her loved ones could all swim and there was something wrong with the pool.
However, an investigation led by a court in Fuengirola is ongoing.
Report said heartbroken Favour Diya told police after the tragedy she had come close to suffering the same fate as her siblings after “sliding towards the deep part” of the pool which was in the middle.
She admitted to never having swum in areas where she was out of her depth but told cops who interviewed her when she was asked if she could remember any suction or current in the pool: “The water was moving but I don’t know how to explain it.”
Although Favour told police she was not aware the deepest part of the pool was in the middle, the children’s mum insisted to investigators she had told her youngest girl Comfort.
In a statement released three days after the tragedy through her lawyer, Mrs Diya said, “I would like to thank all those who have sent their condolences and supported our family during this extremely difficult time following the tragic deaths of Gabriel, Comfort and Praise-Emmanuel.
“Our family are utterly heartbroken by the events last Tuesday but we are comforted and strengthened by our strong faith in our Lord Jesus Christ.
“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.”