AN appeal against a ruling ordering a public inquiry to be held into the murder of Sean Brown will be heard next week.
Last month a judge ordered the British Government to set up the inquiry into the murder of the GAA official in Derry more than 25 years ago.
Mr Brown, 62, was murdered by loyalists in 1997.
He had been locking the gates of the Bellaghy Wolf Tones GAA club when he was abducted by members of the Loyalist Volunteer Force (LVF).
He was later shot six times near Randalstown, Co Antrim, although nobody has ever been convicted of the murder but a previous inquest held into Mr Brown’s death was told that state agents had been involved.
On December 17 a High Court Judge in Belfast ruled that a public inquiry should be held into the killing to investigate the full extent of state collusion in Mr Brown’s death.
The ruling followed a judicial review challenge made by Mr Brown’s 87-year-old widow Bridie Brown and was welcomed by the family, who have campaigned for justice for decades.
Sean Brown was abducted and murdered in Derry in 1997However, on December 31 the British Government lodged an appeal against the High Court ruling, much to the dismay of the Brown family.
In a statement issued through their lawyers KRW Law, the family shared their “deep regret and disappointment at the Secretary of State’s decision earlier this week to lodge an appeal against the recent ruling in the High Court ordering him to set up a Public Inquiry into the 1997 murder of our father and Bridies husband Sean”.
They added: “This appeal was lodged on December 31, New Years Eve, and there must be a suspicion that the timing was intended to ‘bury bad news’.”
In granting our application for a Public Inquiry, Mr Justice Humphreys said, ‘after 27 years, the United Kingdom has manifestly failed to investigate the murder of Sean Brown in which state agents were allegedly involved.
‘An 87-year-old widow does not know how, why and by whom her husband was killed.
“He went on to state that ‘no viable alternative to a Public Inquiry has been advanced’.
“Regrettably it would appear that the Secretary of State has decided that our mother will now enter her 88th year still denied the truth of how, why and by whom her husband was abducted, beaten and murdered. This is shameful.”
The appeal hearing has been listed for January 16 after being fast-tracked by Lady Chief Justice Dame Siobhán Keegan who said "this issue needs dealt with".
"This case has been before the courts now for a long period of time. I will provide expedition,” she added earlier this month.
Whatever the outcome of the appeal application, Mr Brown’s family have confirmed their intention to pursue their campaign for justice.
“As a family we wish to put the Secretary of State on notice that we will not give up in our struggle to get to the truth,” they said.
“We had hoped that he would take a different path to previous Tory ministers, sadly this would appear not to be the case.”
In a statement the Northern Ireland Office said: “We have enormous sympathy for Mrs Brown and her family who have suffered so much since Sean Brown’s murder.
“The recent judgment by the High Court however raises a number of important issues, including matters of constitutional significance that go beyond this individual case.
“The Government has therefore lodged a notice of appeal to the Court of Appeal and we are seeking expedition.
"The matter will now be considered by the Court of Appeal and as such it would not be appropriate to further comment on the appeal, or matters related to it.
"This will in no way delay our commitment to repeal and replace the Legacy Act, including reforming the ICRIR, to strengthen its capacity to find answers for victims and families."
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