The parents of Kirsty Maxwell, who died as she plunged herself from the balcony on the tenth floor of a hotel in Benidorm, have appealed the decision of a Spanish judge to investigate her death.
Brian and Denise Curry from West Lothian started a legal battle to overturn the decision to drop a murder case in five British men who were staying in the room where the bank employee fell.
They asked Judge Ana Isabel Garcia-Galbis to review her decision last month with a lengthy written submission arguing that she was wrong to conclude that there was no evidence that her death was a murder and that the five former suspects were involved could be.
Their legal team claimed that the judge wrongly made the amount of alcohol that Kirsty drank the night before her April 29, 2017, where death was a determining factor in what happened, and emphasized that she was unable to get the right DNA to punish tests against men.
Kirsty Maxwell, 27 (pictured with her six-month man Adam) from West Lothian in Scotland, was at a bachelor party in a friend in the Spanish resort of Benidorm on April 29, 2017, when she fell from a balcony on the tenth floor
Mrs. Maxwell had drunk before leaving her friends to find one of their group and accidentally entered a room occupied by five men she did not know before falling off this balcony (photo)
Their lawyer Roberto Sanchez has thwarted his own entry by urging the court to dismiss the appeal, and emphasized the police report that concluded that Kirsty & # 39; s death was most likely a terrible accident and denied claims of inconsistencies in the version of his clients.
If the judge adheres to her original decision as expected, Kirsty & # 39; s family is expected to present their fight to a higher court where three judges will be asked to view the case after months of more uncertainty.
Insiders of the court said today that the appeal process could take until next summer to resolve whether judges from the Provincial Court in Alicante would ultimately intervene.
The five British being investigated – Joseph Graham; Ricky Gammon; Anthony Holehouse; Callum northridge; and Daniel Bailey – were told on September 24 that they were free.
Ana Isabel Garcia-Galbis judged that there was & # 39; no evidence & # 39; was that pointed to their involvement in the death of 27-year-old Kirsty Maxwell and announced that she had postponed her investigation of murder cases for almost two and a half years.
Five Britons staying in the apartment where Mrs. Maxwell fell – including Joseph Graham (left) and Ricky Gammon (right) – were investigated for murder, but the probe fell and a judge ruled that there was & # 39; no evidence & # 39; was that her death was a murder
It is thought that Kirsty came into the men's apartment by accident around April 8, as of April 29, while looking for a friend who was on the same floor, moments before she died
Graham and his vacation friends were the last people to see Kirsty alive after entering their tenth floor room at Apartamentos Payma in the Little England district of Benidorm on April 29, 2017.
She plunged into her death moments later in circumstances her family described as & # 39; sinister and suspicious & # 39 ;.
The five men, all from the Nottingham region, were placed under official investigation on suspicion of Kirsty & # 39; s murder, although Graham was the only one of the five Britons to be arrested and they were all allowed to return to England as part of the long-term court probe.
The dramatic decision to discontinue the investigation and eliminate the threat of trial over five British men was taken after a long campaign by Kirsty & # 39; s family to & # 39; justice & # 39; about her death after her grieving husband Adam Maxwell insisted that & # 39; something dark & # 39; happened in apartment 10E.
Judge Ana Isabel Garcia-Galbis insisted on her verdict: & # 39; There is no evidence of the participation of the men investigated in the death of the victim. & # 39;
Highlighting the fact tests had shown that Kirsty & # 39; was seriously affected & # 39; due to the alcohol she had drunk the night before her death during a bachelor night with friends and could have caused her problems, including & # 39; blurred vision, loss of balance, and emotional instability & # 39 ;.
One of the men in the photo (left) who arrives at the court in July 2017 and (right) heating engineer Callum Northridge, who was also questioned by the Spanish police
She added: & # 39; Conclusions other than the police at that time on the accidental dynamics of death could not be reached. & # 39;
The lawyer of the former suspects said after the decision that his clients were looking forward to continuing for the rest of their lives after almost & # 39; three years of pain and uncertainty & # 39 ;.
He said: & # 39; My clients have been investigated on suspicion of a murder crime that involves a prison sentence of 10 to 15 years in Spain.
& # 39; They said from day one that they had nothing to do with Kirsty's death and their response confirmed that.
& # 39; They did not try to escape from the apartments where she died, they worked together from the first moment and when Joseph Graham's friends were examined, they voluntarily returned to Spain to be interrogated in court.
The apartment building where Kirsty Maxwell died in April 2017 after falling from a balcony
& # 39; They have had a bad time with it for almost two and a half years, but their conscience has always been clear.
& # 39; With this decision they can continue their lives, although they know that this decision can be appealed and my personal opinion is that it will appeal against it. & # 39;
Kirsty & # 39; s parents called the Spanish judge's decision to suspend the court for the time being as & # 39; farcical & # 39 ;, saying it made them angry and physically ill.
Retired CID investigator David Swindle, who helped the dead woman's family, said Kirsty and her loved ones seemed to have been abandoned by seemingly irreparable shortcomings in the Spanish police, forensic and crime investigation procedures & # 39 ;.
He added: & # 39; The Spanish police were not responsible for the crime scene, important witnesses, exhibitions, and evidence as expected for such a tragic loss of a young life in inexplicable, confusing circumstances. & # 39;
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