The family of Kirsty Maxwell have condemned Spanish authorities for “serious shortcomings” in the investigation into the fall from a holiday apartment balcony which resulted in her death.
According to the family, the pink t-shirt which Kirsty Maxwell was wearing when she died was destroyed before being tested for DNA. The family claim that a critical piece of evidence was ignored.
Kirsty’s husband Adam said: “It’s very sad and shocking for us as a family – this is another thing that we’ve been let down by. […] We’re really upset and disappointed that they’ve not respected Kirsty – first and foremost – us as a family, and have not carried out this investigation as we would all expect.”
In April, Kirsty was on a hen party with friends when she left her room to look for her friends. She ended up in a room on the floor above which was occupied by five men from Nottingham. The family believe that Kirsty tried to escape from the room and fell to her death during the course of events. They claim that the efforts of the Spanish authorities to determine the events which resulted in her death have been “negligent and wreckless”.
Former detective David Swindle, employed by the family to review the case, told a news conference, “The clothing worn by Kirsty was not tested for DNA and was destroyed by the Spanish forensic pathology department.”
“That, in itself, indicates serious shortcomings in the investigation into Kirsty’s death.”
“We have to ask, how many more processes were not done to examine what happened to Kirsty?”
“It’s shocking that there has been irretrievable loss of evidence, and also, the lack in empathy towards Kirsty’s family.”
“From my experience as a senior investigating officer, this is the most important part of an investigation – starting with the victim and what the victim was wearing.”
There could have been DNA on that clothing. They didn’t even test that clothing for DNA.”
The five men were placed under formal investigation by Spanish police but were allowed to return to the UK.