The families of 30 Britons murdered by an ISIS gunman in Tunisia will sue the travel company behind their five-star holidays even after an inquest into their deaths cleared them of ‘neglect’ today.
Judge Nicholas Loraine-Smith says the victims were all ‘unlawfully killed’ by terrorist Seifeddine Rezgui who laughed as he shot dead 38 people in total while strolling a two-mile route in Sousse on June 26 2015.
The ISIS terrorist, armed with automatic weapons and grenades including a Kalashnikov hidden in a parasol, was able to walk the beach shooting sunbathing holidaymakers before entering a hotel unhindered by police during his 25 minute spree.
Mr Justice Loraine-Smith rejected the families’ negligence plea because they were there ‘voluntarily’ but told those in court: ‘You have shown a quiet dignity for which your loved ones would have been proud’.
He said they were let down by the ‘shambolic’ and ‘cowardly’ police because none entered the hotel grounds until the gunman had killed all 38 tourists and one armed unit even stopped off to pick up more weapons instead of going straight to the scene.
Speaking outside the Royal Courts of Justice afterwards Irwin Mitchell lawyer Kylie Hutchison, flanked by tearful families of the dead, confirmed that they will sue holiday firm Tui, which runs Thomson Holidays and First Choice.
The inquest had heard from a holidaymaker who said his wife raised the March 2015 attack at the Bardo Museum in Tunis with a travel agent, and said they had been told it was a ‘one-off’ and the destination was ‘100% safe’.
Tragedy: These are 30 Britons murdered by an ISIS gunman while on holiday in Sousse, Tunisia on June 26 2015
Terrorst: Seifeddine Rezgui opened fire in Sousse on June 26 2015, shooting 38 people dead including 30 Britons on a two-mile route
Relatives of arriving at the Royal Courts of Justice in London today where their plea that travel companies neglected victims was rejected
Bereft: Owen Richards and mother Suzanne Evans, pictured today, lost his older brother Joel, his uncle Adrian Evans and grandfather Patrick Evans in the attack
Family: Lindsey Clifford and her husband Danny, daughter and son-in-law of former Birmingham City footballer Denis Thwaites and his wife Elaine, who were both killed in the 2015 Tunisia terror attack arrive for the inquest
In a statement outside the Royal Courts of Justice after the inquests finished, Kylie Hutchison, from law firm Irwin Mitchell, which represents most of the victims’ families, said they would sue Tui, which runs Thomson Holidays and First Choice
Families of those killed by Islamic extremist Seifeddine Rezgui wept as the judge ruled that they had all been murdered while innocently holidaying in the Mediterranean resort in 2015.
In a statement outside the Royal Courts of Justice after the inquests finished, Kylie Hutchison, from law firm Irwin Mitchell, which represents most of the victims’ families, said: ‘It is now crucial that the whole travel industry learns from what happened in Sousse to reduce the risk of similar catastrophic incidents in the future.
‘On behalf of our clients who lost members of their family and those who suffered injuries in this terrible incident, we will now be preparing to commence civil proceedings against TUI.’
At least ‘part of the attack or most of it could have been prevented’ had security been tighter, the inquest heard.
Rezgui opened fire at the five-star Riu Imperial Marhaba Hotel in Sousse on June 26 2015, leaving 38 people dead in the worst terror attack involving Britons since 7/7 in 2005.
The killer- who was high on cocaine at the time – was shot dead by police after carrying out the attack.
Giving his reasons for rejecting a neglect ruling, Judge Loraine-Smith said there were a lot of ‘what ifs’ around the case, and better hotel security may simply have meant more people died on the beach.
He said that the law limited the circumstances in which he could rule ‘neglect’ played a part in a death, which applied only in cases were someone had a duty of care towards someone because of their ‘youth, age, illness or incarceration’.
He added: ‘That does not cover, it seems to me, tourists who have voluntarily agreed to go on holiday abroad.’
The judge pointed out that there were customers who believed they had been ‘reassured’ about safety.
A Thomson travel agent told the inquest she did not give a safety guarantee to the couple, and that she would not say somewhere is completely safe.
Judge Loraine-Smith said there were customers who would not have gone to Tunisia if they had seen the Foreign and Commonwealth Office (FCO) travel advice.
‘Even prior to the attack on the Bardo Museum the advice was that there was a high threat of terror,’ he said, adding that the advice pointed out that attacks could be ‘indiscriminate’.
As the packed courtroom watched in silence he said the only factor that may have made a material difference was if the hotel had armed guards.
But Judge Loraine-Smith said: ‘Having reviewed the legal advice on gun law in Tunisia it’s clear this was not a realistic option.’
He added: ‘The simple but tragic truth in this case is that a gunman armed with a gun and grenades went to that hotel intending to kill as many tourists as he could.’
Judge Loraine-Smith added the local police ‘most certainly’ were responsible for tourist security, and said: ‘Their response could and should have been effective.’
He added: ‘The response by the police was at best shambolic, at worst cowardly.’
In the past six weeks families have been forced to relive the tragedy as they learned how their loved-ones died.
They were shown computer-generated imagery of the popular beach in the coastal resort and inside the court saw the incredibly detailed footage which showed where each holidaymaker was brutally killed by the terrorist.
The inquest also heard Tunisian security officers could have saved lives by ending the massacre which killed 30 Britons died sooner – but they deliberately wasted time getting to the hotel.
Killer: Seifeddine Rezgui, who opened fire on the tourists at the hotel in Tunisia while high on Cocaine, and killed 38 people including 30 Britons
The ISIS terrorist, armed with automatic weapons and grenades, was able to walk the beach shooting sunbathing holidaymakers before entering a hotel unhindered by police over 25 minutes
Three generations: Joel Richards (centre), 19, a student at the University of Worcester, his uncle Adrian Evans, a manager at Sandwell Council in the West Midlands and his grandfather Charles ‘Patrick’ Evans (left), 78 who were among the 30 Britons killed in the Tunisian beach massacre
Families of 16 of the victims have since claimed that travel giant TUI Group ignored security warnings and put the victims at risk through ‘unhappy and unfair’ practices
The families argue the FCO’s travel advice on the heightened terrorism risk should have been mentioned on TUI’s website
Heartbreak: A couple standing at the site of a shooting attack on the beach in front of the Riu Imperial Marhaba Hotel in Port el Kantaoui, on the outskirts of Sousse
The hearing was told that a local investigation into the tragedy criticised some police for stalling as they made their way to the five-star Riu Imperial Marhaba Hotel in Sousse.
The judge said although in general the response of the hotel staff was ‘disorganised and chaotic’ some of them displayed ‘conspicuous personal courage’ in their efforts to protect the guests.
He said this courage was also shown by guests at the hotel too.
Summing up the evidence heard during the inquest, Judge Loraine-Smith referred to the response of police and military, including the officer who ‘fainted through terror and panic’, and the guard who took off his shirt to hide the fact he was an officer.
‘They had everything they required to confront the gunman and could have been at the scene within minutes,’ he said, adding: ‘The delay was deliberate and unjustifiable.’
Victims’ relatives fought back tears as Judge Loraine-Smith ruled on each of the dead in alphabetical order, saying: ‘At approximately 11.45am on the morning of June 26 2015 a terrorist who was armed with a high-velocity firearm and improvised explosive devices began shooting at the tourists who were on the beach at the rear of the Riu Imperial Marhaba Hotel in Sousse in the Republic of Tunisia.
‘The terrorist moved from the beach into the grounds and inside of the hotel.’
Many relatives have watched the six-week inquest at the Royal Courts of Justice, with more following proceedings via videolinks set up in courts in other parts of the UK closer to their homes.
Rezgui ‘systematically’ gunned down the innocent holidaymakers on the hotel’s beach before going into the grounds and the building and killing more, the inquest heard.
A total of 38 people were killed when gunman Seifeddine Rezgui went on a rampage in the coastal resort of Port El Kantaoui near Sousse on June 26, 2015
In the hotel reception area, he let off grenades, killing one of his youngest victims, Carly Lovett, who was just 24
He was eventually shot after the rampage in Sousse, Tunisia, on June 26, 2015. He killed 30 British tourists who were on holiday
Chilling reconstruction footage – which lasted 21 minutes and 38 seconds – was played to the court and showed Rezgui’s movements and the exact route he took on the day.
The names and pictures of the tragic victims popped up on the screen as the detailed video continued.
The images were the result of 3D scans in more than 300 locations around the resorts, which is popular with tourists and holidaymakers.
Families were able to see the path he took, which saw him leave the the beach and into the hotel where he continued to gun down innocent victims.
Andrew Ritchie QC, counsel to the families of the victims, said last week that Judge Loraine-Smith, who is sitting as coroner, should consider a ‘neglect’ conclusion, arguing that there had been ‘gross neglect’.
He told the inquest that the Tunisian government was taking the terror risk seriously, but holiday firm TUI and the hotel operators did not.
He said that the hotel owners, hotel operators and the travel companies provided the guests with security, making them ‘dependent’ upon them for their safety.
Mr Ritchie said the verdict the families want the coroner to reach is either the neglect verdict, or if that is not reached, then a ‘neutral’ conclusion.
Samantha Leek QC, counsel to the inquest, did not agree with the suggestion for the coroner to return a ‘neglect’ conclusion, and the coroner himself indicated that he would not accept the neglect submission.
Howard Stevens QC, counsel for TUI, dismissed Mr Ritchie’s call for the coroner to consider a ‘neglect’ conclusion, saying that ‘matters could have been worse’ during the terror attack.
He said the coroner could not ‘simply dismiss the security presence’, and that if there were additional CCTV cameras or static guards at the beach gate it ‘cannot be said that any of these measures would probably have made a difference’.
Mr Stevens said that Mr Ritchie’s suggestion that the beach gate should have been shut or locked to stop the attacker entering the hotel did not amount to a ‘gross failure’.
He said the travel company operated on Foreign Office (FCO) advice and would not send tourists there if the Government advised ‘against all or all but essential travel’.
Andrew O’Connor, counsel to the FCO, urged the coroner to make a ‘short, neutral and non-judgmental’ conclusion.
In March 2015, 24 people were killed in a terror attack at Bardo National Museum in the capital, Tunis, and some of the families of those caught in the Sousse attack said they had been assured by the travel company that it was safe to travel to Tunisia after the Bardo attack.
Paul Thompson said that he and his wife were ‘pushed’ towards choosing Tunisia, that they were told the atrocity was a ‘one-off’, adding that another travel agent likened it to avoiding Skegness if there was an attack in London.
Mr Thompson said his wife Zoe mentioned the Bardo attack to the travel agent, and said they were told it was a ‘one-off’ and the place was ‘100% safe’.
A Thomson travel agent told the inquest she did not give a safety guarantee to the couple, and that she would not say somewhere is completely safe.
The 30 Britons who lost their lives while sunbathing or inside luxury hotel at hands of ISIS killer
In all, 30 Britons were killed in the Tunisian beach massacre, along with three Irish citizens.
One British tourist was shot dead in an earlier attack on the country’s national museum.
They were:
British tourist Sally Adey, 57, from Shropshire, was among 22 people killed as ISIS terrorists opened fire at the Bardo National Museum in the capital Tunis in March 2015
Joel Richards, 19, a student at the University of Worcester and a talented football referee, believed to be the youngest of the British victims in the Sousse attack in June 2015; his uncle Adrian Evans, a manager at Sandwell Council in the West Midlands; and his grandfather Charles ‘Patrick’ Evans, 78
Former plumber John Welch, 74, and his partner Eileen Swannack, 73, from Wiltshire. The couple, who had been together for eight years, were staying at the RIU Imperial Marhaba, a hotel they ‘adored’ and stayed in every year of their relationship
Christopher Bell, 59, and his 54-year-old wife Sharon, from Leeds
Former plumber John Welch, 74, and his partner Eileen Swannack, 73, from Wiltshire. The couple, who had been together for eight years, were staying at the RIU Imperial Marhaba, a hotel they ‘adored’ and stayed in every year of their relationship
John Stollery, 58, a social worker from Nottinghamshire. He was on holiday with his wife Cheryl and son. He worked with children in care at Nottinghamshire County Council, and his wife said ‘he made a difference and gave his best to others’
Retired scientist David Thompson, 80, from Tadley, Hampshire. It is understood he used to work for the Atomic Weapons Establishment and was a keen walker
Chris Dyer, 32, an engineer who practised jiu-jitsu, from Watford. He was on holiday with his wife Gina Van Dort when he was shot. She clung on to her dead husband’s hand as paramedics tried to get her to safety, according to reports
Trudy Jones, 51, a divorced single mother-of-four from Gwent, South Wales. Described by her family as ‘a caring person who put everyone else before herself’, she had been holidaying with friends when she was killed
Bruce Wilkinson, 72, a grandfather who was said to be a retired power station worker from Goole, East Yorkshire. He was described by his family as a ‘kind and compassionate man’
Lisa Burbidge, 66, a grandmother-of-four from Whickham, Gateshead. Her family said she doted on her grandchildren and described her as the ‘most beautiful, amazing, caring and gentle person in our lives’
Carly Lovett, 24, from Gainsborough, Lincolnshire. The fashion blogger, who was on holiday with her fiance Liam, reportedly survived the massacre on the beach only to die when a grenade was thrown into her hotel
Former Birmingham City football player Denis Thwaites, 70, and his wife Elaine, 69, who lived in Blackpool. They had arrived at the resort two days before the attack. Mr Thwaites, a hospital porter, played for Birmingham City from 1962 to 1972 while his wife worked in hospitality
Former Birmingham City football player Denis Thwaites, 70, and his wife Elaine, 69, who lived in Blackpool. They had arrived at the resort two days before the attack
Philip Heathcote, 52, from Felixstowe, Suffolk. His wife Allison, 48, was seriously injured in the attack. The couple had been celebrating their 30th anniversary when they were caught up in the atrocity
Engineer Stephen Mellor, 59, from Bodmin in Cornwall. He was killed as he shielded his wife Cheryl on the beach
Sue Davey, 43, from Staffordshire, and her partner Scott Chalkley, from Derby. The couple worked for Severn Trent Water, who described them as passionate and hugely caring
Claire Windass, 54, from Hull. She was killed while her husband Jim survived the attack
Jim and Ann McQuire, aged 66 and 63, from Cumbernauld, North Lanarkshire. Mr McQuire was a captain in the Boys’ Brigade, a Christian youth organisation, which said it was ‘shocked and deeply saddened’ by his death
Stuart Cullen, 52, from Lowestoft in Suffolk. He is believed to have died instantly. His wife was injured but survived
Billy and Lisa Graham, from Bankfoot near Perth in Scotland. The couple were on a trip to the tourist resort of Sousse to celebrate Mrs Graham’s 50th birthday
Retired printer John Stocker, 74, and his wife Janet, 63, from Morden, Surrey. Their family said the pair ‘were the happiest, most loving couple’
Jim and Ann McQuire, aged 66 and 63, from Cumbernauld, North Lanarkshire
Sue Davey, 43, from Staffordshire, and her partner Scott Chalkley, from Derby. The couple worked for Severn Trent Water, who described them as passionate and hugely caring
Ray and Angela Fisher, believed to be aged 75 and 69, from Leicester. Their son Adam, from Redhill in Surrey, had not spoken to his parents since they left for their holiday
The Irish victims were: Lorna Carty, a mother-of-two from Robinstown, Co Meath. Bishop of Meath Michael Smith said Mrs Carty was the victim of a ‘senseless killing’
Husband and wife Laurence and Martina Hayes, both in their 50s, from Athlone in Co Westmeath. Mr Hayes was a schools transport inspector who had worked for Bus Eireann for the last 20 years.
Billy and Lisa Graham, from Bankfoot near Perth in Scotland. The couple were on a trip to the tourist resort of Sousse to celebrate Mrs Graham’s 50th birthday
Retired printer John Stocker, 74, and his wife Janet, 63, from Morden, Surrey. Their family said the pair ‘were the happiest, most loving couple’
Ray and Angela Fisher, believed to be aged 75 and 69, from Leicester. Their son Adam, from Redhill in Surrey, had not spoken to his parents since they left for their holiday
Husband and wife Laurence and Martina Hayes, both in their 50s, from Athlone in Co Westmeath. Mr Hayes was a schools transport inspector who had worked for Bus Eireann for the last 20 years
CHILLING RECONSTRUCTION VIDEO SHOWS THE TWO-MILE ROUTE KILLER TOOK TO MURDER 30
Raymond and Angela Fisher, from Leicester, were killed after terrorist Seifeddine Rezgui went on a rampage in June 2015
The inquest was shown satellite images which were the result of 3D scans in more than 300 locations around the resort
This image shows the path of terror the gunman made – killing David Thompson, James and Ann McQuire along the way
The red line and arrow shows the two-mile route the gunman made as he murdered 30 British tourists on a beach in 2015
The 21 minute and 38 second reconstruction video was played at the inquest in London today.
0 – 1.08 min: The video footage shows the beach and highlights where the tragic British holidaymakers were sat before being killed by Seifeddine Rezgui
1.09 min: An aerial picture showed the gunman’s crazed two-mile journey from the beach and through the nearby hotel, illustrated by a red arrow
1.45 min: The video continued and CGI showed the gunman’s route as he approached the hotel. He walked over the grass, went past trees and made his way towards the building. Chillingly, victims continued to pop up with their name and picture. He then went past the outdoor pool and walked up some steps – killing more innocent Brits
3.52 min: He eventually makes his way in the hotel
4.06 min: Another victim was killed just as the gunman entered the hotel
4.16 min: The first real CCTV image showing Rezgui inside the building appeared on the video, which was played to the families of the tragic victims on Monday
5.20 min: The video continued to show the route the killer took as he strolled through the hotel
6 min: Rezgui made his way to an indoor pool inside the hotel. It appears he was looking for more potential victims – before killing another holidaymaker
6.36 min: Three more people who were standing by the pool were then gunned down as the killer continued his attack
7.23 min: Another victim was also gunned down next to a desk and chair
8.05 min: The video then showed the path Rezgui took so he could make his way to the first floor administration office – again, illustrated by a red arrow
10.40 min: Two more innocent people were gunned down after the killer made his way up the stairs to the first floor
10.58 min: Another victim was killed when he turned left into one of the rooms
11.15 min: He then decided to leave the building and headed back towards the beach
14.10 min: On his way to the beach, one more victim was killed outside the hotel
14.17 min: Just seconds later another man was gunned down and killed
16.00 min: He then made his way back to the outside pool
17.20 min: After walking past the pool, he quickly made his way back to the beach
18.03 min: More victims appeared on the screen after they had been shot by the killer. He then walked past a number of boats and watersports equipment before turning around
19.04 min – 21.38 min: He then began the last part of his journey – walking past another hotel and some shops – before he was killed
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