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


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A former murder detective has backed claims by the family of Kirsty Maxwell that serious errors were made by Spanish police looking into her death.

Retired CID detective David Swindle concluded the investigation was “flawed” and that vital evidence was lost. Kirsty, 27, from Livingston died in April 2017 after falling from the 10th floor of the Apartamentos Payma hotel in Benidorm, less than 12 hours after arriving for a hen party.

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

Her death was initially treated as a murder investigation. Daniel Bailey, Ricky Gammon, Joseph Graham, Anthony Holehouse and Callum Northridge – all from Nottinghamshire – denied any involvement in her death and could offer no explanation as to why she entered their apartment.

A Spanish prosecutor concluded on Wednesday that her death was an accident and the men’s lawyer said they had now been informed there was “no evidence” linking them to Kirsty’s death.

Kirsty’s parents, Brian and Denise Curry, told the Daily Record that the investigation was “farcical” and said it left them angered and physically sick. Retired detective David Swindle agrees with Kirsty’s family that the prosecutor’s conclusions were based on a botched investigation.

They hired him in 2017 because of his record investigating murders, including the crimes of serial killer Peter Tobin, over 34 years.

David said: “The Spanish police initially investigated this as a suspicious death and potential homicide and implemented some major crime investigation protocols.

“However, they did not manage the crime 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.

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