New evidence gives family hope after death in Spain

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Tobias White-Sansom, a father-of-two from Nottingham, died in a Spanish hospital in July 2022, five days after a night out in Magaluf, and his family believes the way security and police officers handled him that night led to his death.

A blood spatter report and a court order received by the family this month have reignited their hopes that criminal proceedings could commence in the Spanish courts.

White told the BBC: "I won't stop until we get justice for Toby."

The 46-year-old medical cannabis entrepreneur said he found it difficult to talk about the way he lost his younger sibling, who was on a family holiday at the time.

White-Sansom was pinned down at a nightclub following a row over him removing his T-shirt because he was too hot, his family said.

They told the BBC the Spanish Civil Guard – the Guardia Civil – was called and he was handcuffed, Tasered and injected with tranquilisers before going into cardiac arrest.

The family believe the blood spatter evidence – which forms part of an ongoing investigation that will see a court judge decide whether a criminal case is warranted – could suggest external force was used.

The report, which analysed White-Sansom's T-shirt, trainers and a sock, said several individual bloodstains were identified, which are compatible both with spatter stains caused through the application of an external force and with drip stains, produced by gravity.

An ambulance report, seen by the BBC, states White-Sansom had taken drugs and was agitated. He was administered a number of medications including fentanyl, the report added.

The Guardia Civil has not provided any further detail on the death.

At the time it issued a statement, saying: "Upon the arrival of the Guardia Civil police, this man was violent and police reduced him to be assisted by medical services.

"He was taken to the hospital for treatment. There, once while he was being assisted, he was arrested for a crime of injury."

Days later, White and the rest of the family were forced to make an agonising decision.

"The only thing keeping him alive was the life support machine," he recalled.

"And we discussed between our family members and we decided it was inhumane and we should let Toby die naturally.

"So then, my decision was to turn the machine off myself, and then my brother died in my arms.

"The doctors said he would slip away within five to six minutes, and Toby being the strong-willed person that he was, it took 11 minutes."

In the four years since, White said he had been trying to reach a resolution.

"The whole brutality of the situation caused my brother to pass," he said. "Someone needs to be accountable.

"It's accountability. And also, for his children to know that he was a good person, not a drunk tourist in Magaluf."

White said on the night in question, his teenage son wanted to go out but he did not want him to go by himself, so White-Sansom accompanied him along with his girlfriend.

"What never sat well with me was that my brother was not with a group of lads on a stag do," he said.

"It just didn't make sense. That's why I went so heavy in return, because I knew that's not how my brother lived and what he was about."

White spoke to the BBC days after receiving the evidence and a court order.

"The process is extremely gruesome because even when you're getting good news, it's bittersweet – my brother is still not here," he said.

"It's just the truth – fighting an uphill battle just to get the truth. At this point, it's a sweet picture but also bitter because Toby is not around."

An inquest into White-Sansom's death was also opened in the UK in 2022, and paused while investigations in Spain continued.

White believes the new evidence could significantly impact the process but if that fails, he says he will take the matter to the UK.

"The truth is out there, the evidence is there, we just need help putting it in front of the right people to get this justice for Toby that's needed," he said.

The family's lawyer in Spain told the BBC he had never seen a case like this before.

"I've never seen a case… with a whole package of circumstances and such a delay," said Jaime Campaner. "I've never seen it and I hope I never see it again."

He said he had been filing motion after motion to speed up the process, and said the Spanish Civil Guard – the Guardia Civil – was to blame for the delay.

The Guardia Civil told the BBC the case was before the court and it had no further comment to make.

"The Spanish investigation has been very slow," Campaner added. "And this is not common in a city like Palma, where investigations don't take so long."

He said the investigating judge in Spain would now consider the new evidence, and decide whether to proceed as a criminal case or shelve it.

"We believe this could be key evidence. We are not aware of the conclusions yet but it might end in results [for] this case," he said.

They are yet to be given a date for a court hearing but Campaner estimates the investigating stage would conclude by the end of the year, with a prospective court case starting next year.

"We all want to get this case closed and see some justice," said White.

"We're hoping that at some point in this chapter, we can close the door on this – and we can close the door on this pain."

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