Bid to reverse fresh Summerland inquests rejection

An appeal against the rejection of a bid for fresh inquests into the deaths of 50 people in the Summerland fire has begun.

The entertainment complex on the Isle of Man was destroyed when fire ripped through the building on the evening of 2 August 1973 while there were about 3,000 people inside.

Brought on behalf of the Justice for Summerland group, which comprises survivors and bereaved family members, the hearing is challenging the attorney general's decision last year not to order new inquests.

A verdict of misadventure was recorded at the original inquests, which families of the victims have argued implied they knowingly took a risk when entering the building.

The application has been put forward by Northern Ireland-based human rights law firm Phoenix Law on behalf of the campaign group in the name of Jackie Hallam, whose mother Lorna and best friend Jane died in the tragedy.

Advocate for the group Steven Coren, of Coren Law, said the verdict of misadventure had "caused and continued to cause significant offence amongst the survivors and the families of the victims".

Fresh inquests were needed to "try to remove the stain that those innocent members of the pubic were responsible in any way for their own deaths".

He argued the Attorney General had not given enough weight to the feelings of the bereaved, the decision had been based on too high a threshold, and advances in modern science and forensics meant it could now be possible to "get to the bottom of matters in a way that wasn't possible in 1974".

He added that the original inquests had relied heavily on the Summerland Commission of Inquiry Report, which contained matters of "conjecture" and had not recorded the details such as the precise time, location or how each of the victims had died.

Representing the attorney general, Oliver Helfrich of Humphry and Helfrich, said the letter refusing the application had been "shot through" with considerations for the bereaved and had said there was no evidence that the original report was "anything other than an accurate report of the fire".

It was "simply not compelling" to "just say that because things had changed" scientifically that there would be more information 52 years on, he said.

"For every individual who feels they could be healed there are others who won't be," he added.

The hearing at Douglas Courthouse is due to conclude on Thursday, with a written judgment set to be handed down at a later date.