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Five men cleared over Kirsty Maxwell balcony death

The 27-year-old from Livingston fell from the tenth floor of her Benidorm hotel in 2017.

Hunt for answers: Kirsty Maxwell's family have campaigned to 'get justice' over her death.
Hunt for answers: Kirsty Maxwell's family have campaigned to 'get justice' over her death.

By Gerard Couzens

Five men who were investigated over the death of a woman who fell from a balcony in Benidorm have been told they are in the clear.

Kirsty Maxwell, from Livingston, West Lothian, died after falling from the tenth floor of the Apartmentos Payma hotel on April 29, 2017.

The 27-year-old entered a room being used by five men from England before the incident.

They were questioned over her death, but denied any wrongdoing.

A Spanish judge has now ruled there is "no evidence" pointing to their involvement and announced the near two-and-a-half-year homicide investigation has been provisionally shelved.

In her ruling clearing the men, Ana Isabel Garcia-Galbis stated: "There is no evidence of the participation of the men investigated in the death of the victim."

The five men - Joseph Graham, Ricky Gammon, Anthony Holehouse, Callum Northridge and Daniel Bailey - were told on Tuesday by their lawyer.

Roberto Sanchez, defence lawyer for all five men, said: "They all know about the judge's decision and are very happy with it.

"It confirms what they have said from the start."

https://stv.tv/news/east-central/1437335-investigators-back-in-benidorm-after-mystery-hen-party-death/ | default

The men were the last people to see Mrs Maxwell alive after she entered their apartment - believed to be by mistake - shortly before 8am.

She fell to her death moments later in circumstances her family described as "sinister and suspicious".

The five men, who are all from the Nottingham area, were placed under formal investigation on suspicion of Mrs Maxwell's homicide, although Mr Graham was the only one of the five Brits who were arrested.

Mr Graham told police that Mrs Maxwell was acting as if she was "mad, drunk or drugged" and headed for the bathroom before trying to get through an indoor window and then disappearing from his view as she headed towards the balcony.

None of the men were charged and they were allowed to return to the UK.

Blood and urine samples taken after her death showed that Mrs Maxwell had not consumed any drugs, but the report confirmed that her alcohol and blood level was at 2.79 gram per litre.

The judge stated the tests had shown Mrs Maxwell was "seriously affected" by the alcohol she had drunk the night before her death during a hen night out with friends.

She stated that it could have caused her problems including "blurred vision, loss of balance and emotional instability", adding: "Conclusions different to those of the police at the time about the accidental dynamic of the death have not been able to be reached."

Mrs Maxwell's family have continued to campaign to "get justice" over her death.

Her parents, Brian and Denise Curry, and her husband, Adam Maxwell, are expected to appeal the decision, confirmed in a short one-and-a-half page ruling which left questions unanswered as to exactly why the Scots tourist fell to her death.

They have been given three days to lodge an appeal with the investigating judge, who is based at Benidorm's Court of Investigation Number Four, although they are expected to waive that right and try to overturn the ruling at a higher regional court.

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