The Spanish judge probing five Britons over the death of Scottish holidaymaker Kirsty Maxwell may never be charged, internal court documents suggest. 

She was asked to remand four of the men in prison on Wednesday by Kirsty's family lawyer - but rejected the request saying there was 'no new evidence' of the men's participation in the death of the victim.'

Ana Isabel Garcia-Galbis said she was still awaiting another police report but her comments, contained in a two-page internal court document drafted after the Brits' court appearance in Benidorm earlier this week, shows they may never be charged. An initial police report on Kirsty's April 29 fatal fall from their Benidorm holiday apartment, after a hen do, places a fifth man in connection with the death.

The report says Joseph Graham had taken so much cocaine before Kirsty, 27, walked into their tenth-floor apartment by mistake that his nose was bleeding. 

He was quizzed in court after her death at the spot she plunged from because an untouched cigarette like the ones he smoked was found on the floor.

Police conclude in the 39-page report that she panicked after finding herself in the wrong flat and probably tried to jump into the swimming pool ten floors below after an alcohol binge because she thought it was her 'only escape route. The report adds Mr Graham, who has not been charged with any crime but is still under investigation 'in his state of drunkenness and under the effects of cocaine, probably said something obscene to Kirsty and/or approached her in a way which made her feel seriously intimidated.' 

The £49,000-a-year Amazon worker, from Nottingham, has protested his innocence.

The four men questioned in court on Wednesday, all born in Nottingham and named as Ricky Gammon, 31, Anthony Holehouse, 34, Callum Northridge, 27, and Daniel Bailey, 32, have also angrily denied any involvement in Kirsty's death.