THE family of a Scottish woman who plunged to her death from a Benidorm balcony have lost their battle to reopen a criminal investigation into five British men.

Brian and Denise Curry had appealed against a decision by Benidorm judge Ana Isabel Garcia Galbis to shelve a criminal investigation into the death of Kirsty Maxwell.

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TRAGIC: Kirsty with husband

The 27-year-old from Livingston, West Lothian, died just before 8 am on April 29, 2017.

She had mistakenly entered a 10th floor room at the Apartamentos Payma in Benidorm’s Little England area instead of her friend’s neighbouring apartment.

It was occupied by Joseph Graham, Ricky Gammon, Anthony Holehouse, Callum Northridge and Daniel Bailey who are all from the Nottingham area.

Maxwell’s parents had wanted a criminal investigation against the men to be reopened, but a higher regional court has now backed the Benidorm judge’s decision.

It means the men have almost certainly been cleared and will not face any charges.

In a 10 page written sentence a panel of three Alicante Provincial Court judges stated there was no strong evidence of criminality with regards to the newly-wed’s death.

The sentence said that Maxwell had drunk the equivalent of 10 spirits. For unknown reasons she had voluntarily entered the men’s apartment.

It added that although traces of cocaine were found in the bathroom and the dead woman’s finger prints were found on a window, there was no strong evidence of any criminal behaviour by any of the five men.

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