The family of newlywed Kirsty Maxwell said they are “appalled” to have discovered, through media leaks, that there will be no further investigation into her death in Benidorm.
Grieving parents Brian and Denise Curry had appealed a Spanish judge’s decision last September to shelve a criminal probe into her death and clear five British men questioned over her death.
Kirsty, 27, fell from a 10th floor balcony in the early hours of April 29, 2017, shortly after entering a Benidorm apartment which was occupied by five men from Nottingham.
The family had lodged an appeal with a higher regional court to overturn ruling by Benidorm judge Ana Isabel Garcia-Galbis that Kirsty’s death was an accident.
But Spanish media reported this morning that three Alicante-based judges announced their decision in a 10 page written sentence, insisting there was no “strong evidence” of criminality and nothing to indicate the 27-year-old had not jumped to her death after a hen night out with friends in the famous Costa Blanca resort.
The five British men - Joseph Graham, Ricky Gammon, Anthony Holehouse, Callum Northridge and Daniel Bailey were told that Kirsty’s parents’ appeal has failed and their court fight is almost certainly over.
Their defence lawyer Roberto Sanchez said: “The court decision confirms the argument we’ve maintained since the beginning which was that this was a tragic accident."
Speaking exclusively to the Daily Record today, Kirsty's dad Brian said: “We were not told the appeal had been lost, our lawyer was not told, and now we are having to go to the court to find out what has happened. For us not to have been shown the courtesy of being kept informed is appalling.
“All we have asked for is the truth and yet again the opportunity to get to the heart of what happened to Kirsty has been denied to us.”
The family hired retired CID detective David Swindle to conduct their own investigation into Kirsty’s death after vital evidence was lost and police failed to preserve the scene of the investigation from contamination.
Mr Swindle, who concluded the investigation was seriously “flawed” said it was “disgusting” that the family had to find out through media reports today , that there would be no further probe into Kirsty’s death.
He said: “There has been no consideration given to Kirsty’s family in this, and for them to find out like this has compounded their grief. It is disgusting.
“The family has been let down today just as they have been let down throughout the investigation. The Spanish police did not manage the scene, significant witnesses, exhibits and evidence as would be expected for such a tragic loss of a young life in unexplained, confusing circumstances.
“Kirsty and her family appear to have been let down by apparent irretrievable shortcomings in Spanish police, forensic and crime investigation procedures which may have resulted in evidence being lost."
