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Daily Record
Daily Record
National
Annie Brown

Kirsty Maxwell's family appealing judge ruling that Benidorm balcony death was accident

The family of are appealing a judge’s ruling that her suspicious death in Benidorm was an accident.

Kirsty, from Livingston, died in April 2017 after of the Apartamentos Payma in ­Benidorm, less than 12 hours after arriving for a hen party.

Kirsty Maxwell who died after falling from a balcony whilst on a hen weekend in Benidorm (Collect)

She had mistakenly entered an apartment which was occupied by five men from Nottingham who were celebrating a 50th birthday.

The 27-year-old’s death was initially treated as murder but the judge concluded there was no evidence of foul play.

Her parents Brian and Denise Curry said the judge, who in Spain is in charge of a police investigation, refused to consider information they uncovered via their own investigation, including witness statements from Kirsty’s friends.

Kirsty Maxwell's parents Brian and Denise Curry (David Johnstone Photography)

Their Spanish lawyer is lodging papers claiming the court in ­Benidorm refused to consider “basic and vital lines” of inquiry.

Brian said: “From the start, we have been appealing to the Spanish ­judiciary for the opportunity to present evidence we have collated, evidence we have discovered and evidence from important witnesses which we want to submit but have been refused to do so.

“This, together with evidence lost, destroyed and the mishandling of interviews makes a case for Kirsty’s sinister death to be dealt with, ­investigated and presented to the court. That is why we must appeal.”

The Apartamentos Payma in Benidorm where Kirsty Maxwell fell to her death (Sunday Mirror)

The men in the apartment denied ­involvement in her death and could offer no explanation as to why she entered their apartment.

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