Hopes of a DNA breakthrough in the probe into British newly-wed Kirsty Maxwell’s fatal balcony plunge in Benidorm have been dashed.
Spanish police have found ‘no foreign DNA’ present on the 27-year-old after analysing samples from under her nails and other body parts.
Mrs Maxwell, of Livingston, West Lothian, died after plunging 100ft from the balcony of a tenth-floor hotel room where five men were staying, after reportedly walking in to their room by mistake.
The family of Kirsty Maxwell, 27, from West Lothina, family had hoped tests on samples taken from her body might show up DNA from one of the five men being probed over her death
Mrs Maxwell’s family had hoped tests on samples taken from her body might show up DNA from one of the five men being probed over her death and back their belief ‘something dark’ happened in the holiday flat before she went over the edge.
Judge Ana Isabel Garcia-Galbis may now consider ending her 18-month criminal probe, as she has previously stated that she was only awaiting the results of the DNA tests ‘to conclude her investigation.’
The five British men being probed over Mrs Maxwell’s death – Joseph Graham; Ricky Gammon; Anthony Holehouse; Callum Northridge; and Daniel Bailey, all from Nottingham – would be spared trial if the case is closed.
Today it emerged court officials have also asked her widower Adam Maxwell to help them secure another copy of the video showing the 27-year-old and two friends taking a lift to their rooms around three hours before she died.
Judge Garcia-Galbis sought Mr Maxwell’s help in contacting Kirsty’s friend Michelle Sneddon so she could be summonsed as a witness to a hearing tomorrow in Benidorm and hand over the footage.
Moments before: CCTV footage from the hours before she died shows Mrs Maxwell and her friends coming back to their hotel after a night out in Benidorm
Mrs Maxwell, pictured with her husband Adam, died after plunging 100ft from a balcony of a tenth-floor hotel room where five men were staying, after reportedly walking in by mistake
Two men who were part of the large group the five men had travelled to Benidorm with, have also been called to court tomorrow morning to give evidence as witnesses.
Eight police officers have been asked to attend a second hearing on Thursday next week which was originally understood to have been scheduled for October 12.
Both hearings will take place behind closed doors, as is customary in Spain where only trials take place in public.
A source said today: ‘The family had placed their hopes in the possibility something was going to be found, some biological evidence linking Joseph Graham or the other suspects to what happened and supporting their foul play claim, and absolutely nothing has been found.
‘It was a comprehensive examination which included analysis of the underside of Kirsty’s nails to see if samples of someone’s else skin could be recovered that might suggest a struggle had taken place.
Spanish police found ‘no foreign DNA’ present on the 27-year-old’s body
‘All the tests came back negative.
‘The absence of any incriminating DNA on Kirsty’s body means the case is a step nearer to being closed.
‘No decision on closure is obviously going to be taken before the upcoming court hearings but bar some sort of unexpected surprise, things are a lot nearer that point now.’
Another insider said: ‘The court hearings have been called by the judge but they’re taking place because the state prosecutor has called in the new witnesses and says he wants the police involved in the case to give evidence.’
Mrs Maxwell’s family have hired former police detective David Swindle to try to uncover what happened the night Kirsty died.
The footage of Mrs Maxwell returning to the Payma Apartments in Benidorm’s Little England area shortly before her death – which the judge has asked for a copy of – were shown as part of BBC documentary Killed Abroad which was screened in Scotland in August.
Mrs Maxwell plunged to her death after entering a tenth-floor room where five British men were partying.
Investigators believe she panicked after waking up following her night out with friends and mistakenly walking into an apartment she thought was her friends’ room.
Her family believe she may have been the victim of foul play and their former lawyer went on record to say she may have been fleeing an ‘imminent aggression’ by one of the men inside.
Mr Maxwell, who married Kirsty in September 2016, claimed in a newspaper interview after his wife’s death ‘something dark’ had happened in the apartment and vowed: ‘I won’t rest until I know the truth.’
Mr Graham, the only one of the five men who was arrested immediately after Mrs Maxwell’s death, was once quizzed about an alleged sex assault in Britain which he has described as a ‘misunderstanding’.
Mr Graham told police Kirsty was acting as if she was ‘mad, drunk or drugged’ and headed for the bathroom before trying to get through an indoor window and then disappearing from his view as she headed towards the balcony.
All five men, who are back in the UK after court quizzes, have categorically denied any involvement in the incident, calling it a ‘tragic accident’, and none have been charged with any crimes.