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MacColl, 41, died after being struck by a speedboat propeller while diving in a marine nature reserve off the Caribbean island of Cozumel with her two sons.
Juan Jose Cem Yam, a 28-year-old deckhand said to have been steering the boat, was convicted of culpable homicide. He was sentenced to two years and 10 months in prison but was freed after the trial judge allowed him to pay a fine of £61 — one Mexican peso for every day of his sentence.
The vessel, the Percalito, was owned by Guillermo Gonzalez Nova, head of Comercial Mexicana, one of Mexico’s biggest supermarket chains. He was on board at the time with two of his three sons, Gustavo and Luis, Gustavo’s wife Norma and their 11-month-old daughter Isabel.
Three witnesses have come forward with new evidence which appears to cast doubt on claims that Cem Yam was in control of the boat at the time of MacColl’s death. None of the evidence was given at the trial.
Gonzalez Nova, one of Mexico’s richest men, has an empire that includes the franchise of Costco, the American-based warehouse group.
Prosecutors are re-examining the case after private investigators hired by MacColl’s mother, Jean Newlove, uncovered apparent inconsistencies in witness statements and findings at the original trial.
The MacColl family’s legal team has submitted documents alleging one or more witnesses may have committed perjury.
It alleges the speedboat illegally entered the national park where MacColl was diving and that it was travelling too fast.
Prosecutors have requested statements from the new witnesses and have asked the original witnesses to resubmit their evidence. Subpoenas have been issued to Gonzalez Nova and Cem Yam.
“We will know within a matter of weeks whether the authorities have decided to press a case on the perjury allegations,” said Demetrio Guerro, the lawyer for the MacColls.
“If they do, and people are found guilty, the original trial would be declared null and void.
“We have several witnesses who say that Cem Yam was not at the wheel, and that the evidence given at the trial was overwhelmingly false. A federal trial could bring us justice at long last.”
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