UK government ordered to hold public inquiry into murder of GAA official
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A High Court judge has ordered the UK government to hold a public inquiry into the murder of GAA official Sean Brown.
Mr Justice Michael Humphreys said there is “a clear and unambiguous obligation” on the State to carry out an investigation into Mr Brown’s death.
In September, the government said it would not order a public inquiry into the abduction and killing of the 61-year-old as he locked the gates at Bellaghy Wolfe Tones Club in Co Derry in May 1997. No-one has ever been convicted of his murder.
His widow, Bridie, brought judicial review proceedings challenging the legality of the decision by the Northern Ireland Secretary not to hold an inquiry.
Lawyers for Mrs Brown argued that there is an obligation on the State to carry out an effective investigation into the death of her husband under Article 2 of the European Convention on Human Rights (ECHR).
In his judgment on Tuesday, Mr Justice Humphreys told the court in Belfast: “I’ve concluded that there is a clear and unambiguous obligation on the State to carry out an Article 2 compliant investigation.
“No viable alternative to a public inquiry has been advanced. In these circumstances, there can be only one lawful answer, a public inquiry must be convened to satisfy the State’s Article 2 obligation.
“The breach of duty in the circumstances of this case, bearing in mind the rule of law, is such as the call for the grant of mandatory relief to compel the State to fulfil its clear legal duty.
“I accept that this is an unusual and exceptional course to take. However, it is fully justified on the facts of this case and on a proper application of legal principle.
“The features I have set out clearly bring this case into the realm of the exceptional.
“I therefore make an order of mandamus compelling the Secretary of State for Northern Ireland (Hilary Benn) to cause a public inquiry to be held under the Inquiries Act 2005 into the death of Sean Brown on the 12th of May, 1997.”
Mr Brown, who was the chairman of Bellaghy Wolfe Tones GAA club, was locking the gates to the training ground when he was ambushed by loyalist paramilitaries.
He was abducted, beaten and shot six times in the head. His body was found next to a burning car.
Speaking outside court, his daughter, Siobhan Brown, said the family are “delighted” with the court’s decision.
“It’s great news for us as a family. We’ve waited 27 years for this. Unfortunately, we have waited this length of time to be in this position. We are delighted he has made this decision,” she said.
“Two High Court judges have ruled that we should have a public inquiry and we are entirely grateful for that decision.”
She called on the Secretary of State to obey the ruling of the court.
“Do the right thing and (do) not appeal this decision and for us to get the justice we deserve for our father,” she added.
The family’s solicitor Niall Murphy said it is an “exceptional judgment”.
“It’s legal history in one sense insofar as it is the first time the High Court has directed, by order of mandamus, that the Government convene a public inquiry,” Mr Murphy said.
“The reason the court took that exceptional step is because of the exceptional egregious actions of the police and thereafter the secretary of state in the 27 years since.
“Had the organisations, which had responsibility, did what they were charged with, had they investigated the case properly, had they pursued prosecutions and convictions, this family would not have to wait for 27 years.
“However, the agencies of the State put their face against the interests of justice and frustrated access to justice for this family and today is the inevitable consequences of that.”
Earlier this year, a coroner said his ability to examine the death of Mr Brown had been “compromised” by the extent of confidential State material being excluded from the proceedings on national security grounds.
Preliminary inquest proceedings had already heard that in excess of 25 people had been linked by intelligence to the murder, including several State agents.
It had also been alleged in court that surveillance of a suspect in the murder was temporarily stopped on the evening of the killing, only to resume again the following morning.