Family of Kirsty Maxwell insist she did not take own life

A lawyer representing the family of tragic holidaymaker Kirsty Maxwell has said she had no reason to take her own life after she fell from a tenth-floor balcony in Benidorm.
Kirsty Maxwell pictured with husband Adam. Picture: ContributedKirsty Maxwell pictured with husband Adam. Picture: Contributed
Kirsty Maxwell pictured with husband Adam. Picture: Contributed

He urged a judge to order a group of British men who were staying in the flat to return to Spain and face questioning.

One of the five was arrested and taken to court before being allowed back home but told he remains under investigation.

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The man claimed hen-do reveller Kirsty, 27, from Livingston, jumped off the balcony after walking uninvited into their apartment as they partied after a night out.

Yesterday – nine days after the tragedy – a Spanish lawyer acting for Kirsty’s grieving family lodged a series of new demands with the investigating court.

Hours later, the family issued a statement paying tribute to their “beautiful girl”.

Luis Miguel Zumaquero, whose firm Zumaquero Abogados is based in Torrevieja south of Benidorm, made his demands in a six-page legal document as it emerged Kirsty was planning to start a family with her husband Adam following their marriage in September.

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The papers – drafted at the weekend and submitted yesterday to Benidorm’s Criminal Court of Investigation Number 4 – reject any suggestion that she took her own life.

Court officials have stressed there is nothing to indicate criminal wrongdoing on the part of any of the men in the apartment and say preliminary investigations point to Kirsty jumping off the balcony. She ended up in their flat after waking up just before 8am following a short sleep and heading upstairs to where some of her friends are understood to have been staying.

Mr Zumaquero said: “Kirsty was a young, healthy, happy person who showed no signs of depression, wasn’t taking medication and had no intention or reason to end her life.

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“She was going through a wonderful moment in her life, married with a husband she loved and with plans to start a family shortly.”

Court officials have confirmed: “The results of the police investigation – forwarded to the court – and the preliminary autopsy point to the victim throwing herself to her death.

“There are no current indications of the participation of other people.”

The judicial investigation is expected to last several months – and possibly longer because of the private lawyer hired by Kirsty’s family to fight their cause.

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Meanwhile, her family said they were still trying to come to terms with the loss of their “beautiful girl”.

A statement issued by her husband Adam Maxwell on behalf of the family said: “Kirsty was a wonderful wife, daughter, sister, cousin, aunty and friend to many.

“She will be truly missed by all who knew her and we are deeply shocked and saddened by her sudden passing.

“We want to thank everyone for the love and support shown to the family at this time. The response has been incredible and is a true testament to Kirsty’s character.”

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Ms Maxwell’s death is still being investigated by the Spanish police and local authorities.

A British man was earlier arrested over her death, but was later released by the Spanish authorities.

The family statement asked for privacy and added: “After a very difficult period we now have Kirsty back home with family in Scotland. We are still trying to come to terms with losing our beautiful girl.”

A fundraising page set up by a friend to bring Ms Maxwell’s body home raised more than three times the target, with pledges received for £31,965.

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