No evidence these 5 men participated in death of hols balcony plunge Kirsty
Court rejects request to remand Brits over tragic hen do Scot, 27
THE Spanish judge probing five Brits over the death of Scots holidaymaker Kirsty Maxwell has rejected a request by her family’s lawyer to remand four of them.
Ana Isabel Garcia-Galbis said there was “no new evidence” of the men’s participation in the death.
She added she was still awaiting another police report but her comments, in a two-page document drafted after the Brits’ court appearance in Benidorm last week, show they may never be charged.
An initial police report on hen do reveller Kirsty’s April 29 fall from their Benidorm holiday apartment places a fifth man – who was quizzed in court after her death – at the spot she plunged from because an untouched cigarette like the ones he smoked was found on the floor.
The report also says Joseph Graham, 32, had taken so much cocaine before Kirsty, 27, from Livingston, entered their apartment by mistake that his nose was bleeding.
Police conclude in the report that she panicked after finding herself in the wrong flat and probably tried to jump into the pool 10 floors below after an alcohol binge, thinking it was her “only escape route”.
The report adds Graham, who has not been charged with any crime but is still under investigation, “in his state of drunkenness and under the effects of cocaine, probably said something obscene to Kirsty and/or approached her in a way which made her feel seriously intimidated”.
The £49,000-a-year Amazon worker, from Nottingham, has protested his innocence.
The men questioned in court, Ricky Gammon, 31, Anthony Holehouse, 34, Callum Northridge, 27, and Daniel Bailey, 32, all from Nottingham, have also denied any involvement in Kirsty’s death.
They said in a statement on Friday: “This was a tragic accident and we categorically deny any involvement in this unfortunate incident.
“It goes without saying that our deepest sympathy goes out to Kirsty’s family and our thoughts are with them at this terrible time.
“We have had our names dragged through the mud and used in a derogatory manner throughout this process through no fault of our own. The opinion of the judge is that this was an accident.”
The judge has yet to make a final recommendation on whether any of them should be prosecuted and Kirsty’s family lawyer Luis Miguel Zumaquero has insisted his fight to put them on trial will continue.
He wants a manslaughter prosecution and has likened the case to one he said ended in convictions for intruders who broke into the house of a woman who died after jumping out of her window in panic.