Two years of Kirsty mystery
Monday marks the second anniversary of the tragic death of 27-year-old Kirsty Maxwell and mystery continues to surround the events that led to her fatal 10-storey fall in Benidorm
Monday marks second anniversary of her death
THIS coming Monday April 29, will be two years since 27-yearold Kirsty Maxwell from Livingston, West Lothian, plunged to her death from a 10th floor balcony of a holiday apartment, known as 'My Pretty Payma' in Payma apartment block
Her husband Adam and Kirsty's parents Brian and Denise, are being supported by David Swindle, an independent reviewer and crime expert, and his multi-lingual team of experts in their quest to get answers to what happened that morning.
The family told CBNews "Two years we have been fighting for answers and justice, two years we have been fighting to get to the truth that lead to the brutal death of our beautiful girl Kirsty, two years of heartbreak fighting to find and present the missing pieces of this nightmare puzzle that will help explain the circumstances and events that occurred within the 11 hours Kirsty spent in Benidorm that finally lead to her suspicious death. We know there are people out there who have yet to come forward with information that could assist us as a family getting closer to the truth.
"Please help us" plea Brian, Denise, Ryan and Adam.
Ongoing court investigation
The family's Spanish lawyer Lorena Soler Bernabeu flew to Scotland earlier this year to meet with the family to assure them that the court investigation was ongoing.
Benidorm judge Ana Isabel García Galbis, is nearing the end of 18-month investigation to decide if there is a case to take to trial, by law she could request an extension for a further 18 months.
What is known so far
Early on April 29, 2017, after going out on a hen night with her friends, Kirsty got out of bed and left her ninth-floor apartment, leaving her keys and phone behind. Investigators at the time believed she was trying to find some of her other friends who were staying on the floor above. But she knocked on the wrong door.
Police say a Brit, 32-year-old J.G., opened the door of apartment 10E, and there were another four men inside - R.G., C.N., A.H. and D.B. It has been alleged that the men, all bodybuilders, had been consuming alcohol and cocaine.
What happened next is still a complete mystery, but at 07.51 Kirsty fell to her death from apartment 10E 's balcony.
J.G. was initially arrested and taken for questioning, although police had to wait for the effects of alcohol and drugs to wear off before he could answer their questions. He stated that Kirsty was 'mad, drunk or drugged' and had headed straight for the bathroom before trying to get through an indoor window and then going out onto the balcony, from which he alleges she jumped.
He insisted he did nothing wrong and only asked her to leave the apartment. Initial police reports claimed she might have felt intimidated by the men, or even harassed. Officers believed she may have jumped trying to reach the pool below.
The police report confirmed that Kirsty had consumed alcohol.
J.G. was released pending further inquiries over the incident. His passport was not confiscated and he was allowed to return home. His four friends were originally only questioned by police as witnesses.
All five were summoned to court again in July 2017, gave statements and returned to UK. They have since complained that their names have been dragged through the mud, and it was a tragic accident.
Kirsty's family insisted there was ' no reason at all' to believe she would have voluntarily jumped from the balcony to a certain death.
Poolside CCTV footage showed Kirsty fell feet-first -which the defendants claim proves she jumped and was not thrown over the balcony, although in 2018, biomecanic expert Mike Brown consulted by the family, came to the conclusion that Kirsty scaled the balcony and then clung to it facing inwards before losing her grip, this evidence was sent to the judge to review.
There were also contradictions in the statements of the five men. J.G. stated he was alone when Kirsty jumped, while C.N. claimed J.G. was with her at the time.
A full inspection of the apartment with the witnesses and judge, as well as face-to-face questioning of the five men and a statement from the apartments' receptionist on duty at the time was requested but the judge deemed it unnecessary as there were no significant contradictions in their statements to the police to warrant this. She also deemed unnecessary the inspection of the apartment.
In January 2018, the family received the shocking news that the police forensic department had disposed of her clothing after giving it a quick glance over. No samples were taken from these discarded garments. Apparently swab samples were taken from Kirsty's skin andstored.
The family's lawyer sent a written request that the court contact all the guests of the Hotel Presidente who stayed in rooms overlooking the Payma building as the hotel management said they would only send letters out to their guests at the time if issued with a court order.
The police had earlier informed the judge that 'no witnesses to the incident had been found at the hotel'.
At the same time, Livingston MP Hannah Bardell wrote to the ministry of the interior in Spain calling more for collaboration between the two parties. Kirsty’s family launched an appeal on social media, setting up a Facebook page called Kirsty Maxwell Information Appeal, stating that something happened in the apartments where Kirsty was staying which resulted in her death, and that someone knew the answers.
People staying at the Hotel Presidente contacted the family via social media with information about 'Spanish' people staying in rooms 508, 509, 608, 609, 708 and 709 who had been gesticulating to police officers at the scene indicating someone may have been climbing down the building. The family also appealed for information on a mystery woman who had been staying at Payma’s 10A apartment to come forward, stating on social media: “Who was the girl in room 10A of My Pretty Payma Apartments, Benidorm on Friday 28th and 29th April 2017? She is described as 'not English and not Spanish' and appears to have stayed for a short period in room 10A. She may be known to locals in Benidorm. Any information as to who this girl might be would be very much appreciated. "More appeals for witnesses were put into circulation on social media (Facebook, Twitter and Instagram) in Spanish as well as English.
Kirsty's family asked for anybody who stayed at Edificio Filipinas, on Avenida Filipinas, on the night of April 28/29 with information to contact them. These apartments are also adjacent to the Hotel Presidente, with excellent views of the Payma apartments.
The family believes a horrible photograph taken of the scene where Kirsty died which appeared in a Spanish newspaper may have been taken from these apartments or the car park, and they want to know who took the photo as they could have vital information regarding Kirsty’s death.
The family also received information regarding an English speaking man who saw Kirsty’s body by the swimming pool of her apartment block before the police arrived on the scene. This man had apparently been staying on the ninth floor of the Hotel Presidente, and checked out the same morning of her death. This is an important potential witness who they know has not been interviewed by police.
New poster
A new poster is being put into circulation this week, asking visitors to Benidorm to think back to this same time in 2017. The following questions are posed:
New hope
One of the UK's most experienced forensics scientists Prof Jim Fraser, who worked on the investigation into the serial killer Robert Black, will also be reviewing Kirsty's case.
Independent reviewer and crime expert David Swindle stated “It's shocking that Kirsty’s family have had to keep pushing and pushing for answers and basic lines of enquiry to be progressed, we know there were people at Hotel Presidente and Payma Apartments with information which can assist, some of our team will be in Benidorm start of next week speaking to tourists and locals in the hope of jogging people’s memories”.