THE judge probing the death of holidaymaker Kirsty Maxwell has been asked to place all five men in the Costa Blanca apartment she fell from under formal investigation.

Only one of the British tourists in the 10th-floor Benidorm flat was arrested and taken to court before being allowed back home, but told he remains under investigation.

Amazon worker Joseph  Graham, 32, has insisted he is innocent and claimed hen-do reveller Kirsty, 27, from Livingston, West Lothian, jumped off the balcony after walking uninvited into their apartment as they partied after a night out.

Yesterday, nine days after the tragedy, a Spanish lawyer acting for Mrs Maxwell’s family raised the stakes in their fight to find out what happened in flat 10e of the Apartamentos Payma by lodging a series of new demands.

Luis Miguel Zumaquero called for the other four men in the apartment to be summonsed to Spain and questioned in court as investigados – a new legal term in Spain which literally means “under investigation”.

He demanded the holidaymakers, who include a cage fighter and a convicted fraudster, be put in a courtroom together and questioned simultaneously about the moments leading up to Mrs Maxwell’s death on April 29.

He also called for a proper judicial inspection of the apartment coordinated by investigating judge Ana Garcia Isabel Galbis and requested British police be asked whether Mr Graham and his friends have criminal records.

Mr Zumaquero made his demands in a six-page legal document as it emerged Mrs Maxwell was planning to start a family with her husband Adam following their marriage in September.

The lawyer, who last week spent several hours with Kirsty’s parents and Adam before they flew back home on Saturday, said: “Her mum was completely destroyed and Adam looked devastated and totally disorientated. Imagine your loved one goes to Spain to have a good time and ends up dead after plunging from a balcony. They were in a terrible state obviously.” Mr Zumaquero makes it clear in the document – drafted at the weekend and submitted yesterday to Benidorm’s Criminal Court of Investigation – that he believes any suggestion Kirsty committed suicide is ludicrous.

He also claims the statements of the men in apartment 10e – who apart fromMr Graham have been named as cage fighter Ricky Gammon, 31; convicted fraudster Anthony Holehouse, 34; Callum Northridge, 27; and Daniel Bailey, 32 – contain contradictions that should be investigated further once they have been placed under formal investigation.

They were questioned by police as witnesses after Mrs Maxwell’s death but not by the court now co-ordinating the investigation.

Court officials have stressed there is nothing to indicate criminal wrongdoing on the part of any of the men in the apartment and say preliminary investigations point to the dead woman throwing herself off the balcony.

Mr Zumaquero added: “Kirsty was a young, healthy, happy person who showed no signs of depression, wasn’t taking medication and had no intention or reason to end her life. She was going through a wonderful moment in her life, married with a husband she loved and with plans to start a family shortly. 

“What the men in that room want the police, judge, prosecutors, me and the international press to believe is that Kirsty decided to get up at 7.45am and go upstairs to an apartment full of strangers and kill herself by throwing herself out of their window while they watch on astonished at this strange and unexplained act without being able to do anything to stop it. Is it not clear that this version of events is an attempt to hide what really happened?”

The judicial investigation is expected to last several months.