THE five British men who were in the hotel room Kirsty Maxwell fell to her death from may be ordered to return to Spain.
They claim they stood idly by as the 27-year-old plunged to her death after she reportedly walked into their room by mistake.
Kirsty’s legal team have asked the investigating judge to allow a reconstruction of the events leading up to her death, which would require the five – who are still under investigation – to return to Benidorm to take part.
Luis Miguel Zumaquero claims Mrs Maxwell was fleeing from a ‘sexual attack’ in a written document submitted to the court.
He also demands to know if there was male DNA on the clothes Kirsty was wearing on the night of her death that belonged to one of the five men after fighting to be allowed to reveal post-mortem examination reports.
Questions have also been asked of police initial investigation. Reports of initial interviews of hotel staff have been requested.