Bali relatives plan negligence lawsuit against Government
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Relatives of British victims of the Bali bombing are preparing to take legal action against the Government for failing to alert travellers to the likelihood of a terrorist attack.
On the eve of the first anniversary of the bombing, Tobias Ellwood, who lost his brother Jonathan, said Allen & Overy, a legal firm acting for survivors and victims' families, had appointed two barristers to examine the possibility of suing the Government for negligence. "The view of counsel is there was a failure of duty on the part of the Government before and after the bomb," he said.
In the immediate aftermath of the bombs, which killed 202 people, including 28 Britons (according to a revised total issued last night by the Foreign Office), at two nightclubs in Kuta Beach, Mr Ellwood, of Bournemouth, Dorset, strongly criticised the Foreign Office for failing to support families. He received a personal apology from the Foreign Office minister Baroness Amos, who flew to Bali to deal with relatives' complaints.
The legal action is being considered by the UK Bali Bombing Victims Group, which represents many of the survivors and bereaved relatives. Ten families have flown to Bali for memorial services to be held this weekend.
The parliamentary spy watchdog, the Intelligence and Security Committee, has criticised MI5 for failing to reassess the security threat in Indonesia at that time as high.
It also condemned the Foreign Office's travel advice, saying it failed to "accurately reflect" the level of terrorist threat. The families say that had Bali been reclassified as high risk, many victims would have been deterred from travelling.
Jonathan Ellwood, 37, was director of studies at the International School in Ho Chi Minh City and was in Bali for a conference of the International Baccalaureate Organisation. His brother, a former captain in the Royal Green Jackets, said: "Had the threat level been increased, the conference would have been cancelled and my brother would be alive today." He said some families were seeking legal action because they needed compensation.
The father of one woman killed has been unable to work since the attack, and has no support because his insurance policies do not cover terrorist incidents and the Criminal Injuries Compensation Board covers only crime on British soil. "He is devastated and, at 45, can't face going back to work," Mr Ellwood said.
Relatives say they were given little information or support by British diplomats when they arrived in Bali. They had to search through body bags to find loved ones, and fought the Indonesian authorities to get the bodies identified and released. "I nailed the lid on Jon's coffin myself, because there was no one else to do it," Mr Ellwood said.
He said the loss of his brother had not hit him fully until the past few months. "I was in the church last weekend visiting his grave, and I suddenly remembered running around the same churchyard when we were four or five, chasing each other around the old graves.
"When my grandmother died, it was a natural death. Even a car crash you can come to terms with. When someone deliberately takes life in this manner, it's much harder.
"You continually ask yourself, 'Why would anyone want to do harm to my brother?' He was a teacher, getting the best out of other people. He had so much to offer, so much love to give, so much life to live, and it was cut short."