THE family of Kirsty Maxwell who tragically fell to her death from a Benidorm hotel balcony have won the fight for answers about the clothes she was wearing when she died.
The Spanish lawyer acting for Kirsty’s husband Adam and her parents Brian and Denise has also reversed an earlier decision denying them the right to get police to reveal what work they did to identify potential witnesses.
Last night it emerged her family’s legal team may still win permission for a reconstruction of the events leading up to Kirsty’s death from the investigating judge probing five Brit holidaymakers in the flat she plunged from on April 29 last year. They have all denied any involvement in her death.
A decision is expected shortly, and may lead to the men under formal investigation being asked to return to Spain to take part in a re-enactment of the Livingston 27-year-old’s last moments after she walked into the wrong tenth-floor room at Apartamentos Payma in Benidorm’s Little England area following a night out with her hen-do friends.
David Swindle, an ex-detective probing the tragedy, raised the lack of information on the whereabouts of the pink T-shirt and denim skirt she was wearing when she died and the scientific report into tests done on the clothing.
Investigating judge Ana Isabel Garcia-Galbis’ decision to accept an appeal by lawyer Luis Miguel Zumaquero means the Institute of Forensic Medicine in Alicante, where Kirsty’s autopsy took place, will now be asked where the clothes are and what DNA tests were carried out on them.
The family lawyer, who has alleged Kirsty was fleeing from a “sexual attack that had begun to materialise” in a written document submitted to Benidorm’s Criminal Court of Investigation Number Four, says he wants to know if there was male DNA on the clothes belonging to one of the men under investigation.
Police, who in a report after the tragedy described their efforts to find witnesses in the four-star Presidente Hotel opposite the Payma building as “unsuccessful”, will also be asked to specify the efforts they have gone to to speak to guests whose windows overlooked the block where Kirsty fell.
A report put together by an expert hired by Kirsty’s legal team - following an appeal for witnesses by her family - concluded many people saying at the hotel had not been questioned by police.
The expert, Tenerife-born criminologist Felix Rios who has been involved in several high-profile cases in Spain, concluded many of those staying at the Presidente Hotel had not been questioned by police.
Mr Zumaquero, in a written document submitted to the Benidorm court, has said: “It’s vital the police contact all the guests who had rooms with windows overlooking the Payma building.”