THE UK government’s decision not to hold a public inquiry into the killing of GAA official Sean Brown has been ruled unlawful by the Court of Appeal. Mr Brown was abducted and shot dead by the Loyalist Volunteer Force in 1997.
Secretary of State for Northern Ireland Hilary Benn now has four weeks to whether or not to hold an inquiry into Mr Brown’s murder, which the government said it will ‘carefully consider’.
Mr Brown was abducted outside his GAA club in Bellaghy, Co Derry, before being driven to Randalstown in Co Antrim, where he was shot six times in the head. The circumstances of his murder have proved especially controversial as intelligence material has since linked state agents to the 61-year-old man’s death.
Following a court decision to order a public inquiry into Mr Brown’s murder, the UK Government took a legal challenge which sought to overturn the decision. Lady Chief Justice Dame Siobhan Keegan said that this amounted to ‘a shocking state of affairs’, where more than 25 years had passed with no ‘lawful inquiry into the circumstances’ of Mr Brown’s death.
Mr Brown’s widow Bridie spoke directly to the Northern Ireland Secretary of State after today’s hearing, saying: “Five judges have told you what to do, do the right thing and please don’t have me going to London.”
Mr Brown’s daughter Clare Loughran meanwhile said that the family were ‘very pleased with the judgement’.
“[Hilary Benn] has got very little further option… He was trying to get us to go towards the ICRIR and it’s evident that this is actually something that probably is not appropriate in my father’s case.
“I really hope that he has got some degree of credence in what the legal framework have so far told him to do. I would appeal to the Secretary of State to do the right thing.”
In their judgement today, the Court of Appeal said there should be ‘no further delay in this case’. A spokesperson for the UK Government said that they had ‘enormous sympathy for Mrs Brown and her family who have suffered so much’.
“The Secretary of State has been clear that he wants to see a full investigation into the murder of Sean Brown. We acknowledge today’s judgement and will carefully consider it.
“This will not delay the Government’s determination to repeal and replace the Legacy Act, and to implement mechanisms that are human-rights compliant and can command confidence across communities.”
PSNI Chief Constable Jon Boutcher said that they will cooperate with any inquiry should it come to pass. “I made that position clear from when I first arrived in the PSNI as Chief Constable when I was addressing some issues around the inquest that I unfortunately had to stop.
“Anything we can do to support that family to make sure that they get the answers that they deserve we will do.”
