Fresh hope of justice for Kirsty Maxwell’s family over fatal Benidorm balcony fall

THE family of tragic Kirsty Maxwell say they have new hope of establishing what led to her death after forensic experts agreed to review the case.

Tuesday, 26th February 2019, 19:56 pm
Updated Tuesday, 26th February 2019, 20:01 pm
Kirsty Maxwell with her husband Adam Maxwell. Pic: PA

The 27-year-old died after a fall from the tenth-floor balcony of an apartment in Benidorm after a night out with friends.

Spanish police believe Mrs Maxwell, from Livingston, jumped from the balcony, but family members are adamant that she lost her grip after scaling the barrier.

They have also demanded answers from five English men – all from Nottingham – who were in the apartment at the time.

And now, a judge has agreed to look at evidence presented by biomechanics expert Mike Brown, while one of the UK’s leading forensic specialists will also review the circumstances of her death.

Sign up to our daily newsletter

The i newsletter cut through the noise

Professor Jim Fraser – who was involved in the investigation into the serial killer Robert Black – has agreed to look at evidence from the night in question as part of the family’s appeal.

Mrs Maxwell’s father Brian Curry told BBC Scotland’s The Nine programme: “We’ve got people on board and the team is getting bigger.”

“We’ve got velocity fall experts, forensics experts, because we need every piece of back-up to take it to the judge.”

He added: “We’re coming up for two years this April and we never thought we would be here. We thought this would be done and dusted.”

“We were obviously very naive about that and how judicial wheels turn.

“Even now, we know we’ve got a lot of things we want to progress with and we realise we can’t do this all at once. It’s still frustrating but we know this can’t be sorted overnight.”

Mrs Maxwell had flown out to the Spanish resort with a group of friends for a hen party in April 2017.

Her family have said they want “answers” from the men in the apartment, who have denied any responsibility for Mrs Maxwell’s death.

One of the men, Joseph Graham, was arrested on suspicion of homicide but later released without charge.

He issued a statement saying he was innocent of any wrongdoing and described Mrs Maxwell’s death as a “tragic accident”.

The other four men present at the time of Mrs Maxwell’s death were also questioned in court as part of the inquiry three months later, but exercised their legal right to answer only questions put by their lawyer.

The family’s Spanish lawyer Lorena Soler Bernabeu has also flown to Scotland to meet them and assure them that the investigation in Benidorm is ongoing.

Mr Brown’s opinion that Mrs Maxwell did not jump was first highlighted in the BBC Scotland documentary Killed Abroad.

Forensic expert Prof Fraser also worked on the murders of Damilola Taylor and Rachel Nickell.

Mr Curry said: “We know we’ve got a goal and the goal is to find out some truth and answers.

“We’ve always been positive that we’re doing the right thing. As long as we are here, we’ll keep pushing on.”

He added: “This is a big fight. We’re not under any illusions that it’s going to be easy – we never have been. But it is a fight that we will go on with.”