Livingston woman's Benidorm balcony fall case "still open"

Setback after Spanish prosecutor reveals no evidence of murder.

Kirsty Maxwell died after falling from a balcony
Author: Bryan RutherfordPublished 26th Sep 2019
Last updated 26th Sep 2019

The First Minister wants to improve support for families whose loved ones die under suspicious circumstances abroad.

Nicola Sturgeon's comments come as Kirsty Maxwell's family insist the Livingston woman's Benidorm balcony fall remains an open case.

Five British men walked free from court yesterday after a Spanish prosecutor revealed there is no evidence suggesting Kirsty's death was murder.

Her relatives suffered the setback yesterday after more than two years of misery trying to get to the bottom of what continues to be a mystery.

Former detective David Swindle is helping the Maxwells, and speaking on their behalf he said: "The police conducted some investigations that weekend when Kirsty sadly died, but the investigations finished then.

"Sadly there are some irretrievable errors like the disposal of Kirsty's clothes which could have had DNA evidence, but there are a lot of other lines of investigation that should have been done, that have not been done.

In the country Kirsty fell to her death it is the judge who is in charge of police investigations, so Mr Swindle hopes that police will be told to do more.

He explained: "The family's lawyer has submitted requests for access to the apartments, and the interview of potential witnesses, but sadly as time goes on people's recollections are not so good. These things should have been done at the time.

"If the lawyer is asking on the family's behalf for things to be done, I would like to think that the Spanish judge would instruct for them to be done. The case is still open."

In Edinburgh the issue was raised with the First Minister who told MSPs: "My thoughts remain with Kirsty Maxwell's family. I have previously met with her family, and I know the anguish that they continue to suffer to this day.

"We do want to explore this issue further and we are committed to identifying where support can be improved.

"There are a whole range of issues which families face when they deal with the death of a loved one abroad in suspicious circumstances.

"Through the Victims Taskforce we're considering how these issues can be better tackled."

Nicola Sturgeon was answering a question at FMQs asked by Lothian MSP Angela Constance who said: "I do expect both the UK and the Scottish Governments within their powers to do more to support families affected by a death abroad...offer families like Kirsty's something more than her condolences."