No new evidence to justify fresh inquests, says Attorney General in Summerland ruling

Decision follows campaign by victims’ families and lawyers who argued the original inquests were flawed and key evidence overlooked

The Isle of Man’s Attorney General has declined an application for fresh inquests into the 1973 Summerland fire disaster, which killed 50 people in Douglas.

The request, submitted in March by human rights firm Phoenix Law on behalf of the Justice for Summerland campaign group, argued that the original inquests were insufficient and presented what it described as substantial new evidence.

The application cited evolving forensic techniques, questions over the reliability of the original analysis, and public disquiet as grounds for reopening the case.

Phoenix Law also raised concerns over the involvement of a forensic scientist later linked to several miscarriages of justice in the UK, including the Birmingham Six and Judith Ward cases.

However, in a statement issued today, Attorney General Walter Wannenburgh confirmed he will not be directing any new inquests.

Under section 6 of the Coroners of Inquests Act 1987, the Attorney General may direct a coroner to hold a new inquest if it is deemed desirable.

In reaching his decision, Mr Wannenburgh said he had carefully considered the application against various criteria:

1. Whether fresh evidence has emerged
2. Whether a different conclusion is likely at a fresh inquest and, if not, whether public confirmation of earlier findings is desirable in the circumstances
3. Whether the process adopted at the original inquest has caused justice to be diverted or for the inquiry to be insufficient
4. Whether the substantive truth regarding how the deceased lost their lives has been revealed
5. The wishes of the bereaved, and 
6. Whether there is any distinct and separate imperative that the community as a whole should be satisfied. 

He concluded that the 1974 Summerland Fire Commission report constituted a thorough and proportionate investigation into the disaster, clearly identifying how the fire spread, who was responsible for key failures, and how the victims lost their lives.

His office said the application from Phoenix Law did not present any new evidence that undermined or materially challenged the Commission’s findings, and that speculation alone did not amount to grounds for a new inquest.

The Attorney General also noted that the Commission’s report was admitted as evidence during the original inquests and that the verdicts returned placed no responsibility on the victims themselves.

The Attorney General's letter to Phoenix Law can be read in full: