Court reserves judgement in murder inquiry appeal

THE family of GAA official who was murdered by loyalists almost 30-years-ago have branded further delays in the case 'extremely frustrating'.

Sean Brown was locking the gates of Wolfe Tone GAA Club in his native Bellaghy back in 1997 when he was bundled into his own car and driven 10 miles away to the outskirts of Randalstown.

Hours later the vehicle was spotted smouldering in a roadway. Mr Brown's body was discovered too. He had been shot six times in the head.

No-one has ever been charged or convicted in relation to the murder, which has been linked to the LVF.

However, intelligence documents have since linked ‘state agents’ to the nakedly sectarian slaying.

This revelation has led to several high profile court cases in recent years - and left the Brown family and their supporters at loggerheads with the British state.

Last Tuesday the UK Supreme Court reserved judgment in an attempt by the government to overturn a ruling which ordered a public inquiry into the murder.

After the five-hour hearing in London, the court said it would deliver a judgement ‘as soon as it could’.

Five Supreme Court judges heard the case, which was brought by the Northern Ireland Secretary Sir Chris Bryant.

The government had argued that Mr Brown’s murder should be examined by a Troubles Legacy Commission rather than by a court-ordered public inquiry.

It said its Northern Ireland Troubles Bill allows for a ‘reformed Legacy Commission with the ability to conduct Inquisitorial Proceedings, presided over by a judge, in cases such as this’.

In May, the Supreme Court ruled in another case that the commission, which investigates deaths related to the Troubles was capable of delivering an investigation which did not diminish victim’s rights.

At this week’s hearing, Sir James Eadie KC, for the Northern Ireland secretary, said the decision of the Court of Appeal in Belfast to compel a public inquiry had been made on the same basis that the Supreme Court had found to be in error in May.

"That should be the end of this appeal,” he said.

Sir James said there was nothing about the case which should have caused the courts to ‘overstep the normal constitutional boundaries and, for the first time in any court anywhere in the UK, order that the executive establish a public inquiry’.

In written submissions, Des Fahy KC, for Brown's widow Bridie, said: "The murder of Sean Brown was initially attributed to the LVF.

"It is now clear that state agents were involved."

He added the ‘exceptional circumstances of the murder and the failed state investigations that followed’ justified the Court of Appeal's ruling despite the recent decision of the Supreme Court.

He argued that an investigation by the Legacy Commission would lead to information being kept from the family and public ‘under the guise of national security’.

Last year, the Court of Appeal in Belfast upheld a ruling ordering a public inquiry and found the government's refusal to establish one was unlawful.

However, the government has challenged that judgment on multiple grounds - though it does accept that there has not been a thorough investigation into the murder,

Claire Loughran, one of the dead man’s daughters, said it was ‘extremely frustrating’ to be back in court.

"We thought whenever we had the judgment of five different High Court judges to say that a public inquiry was the only way to fully investigate and independently investigate my father's murder, we thought that was it... but unfortunately the secretary of state thought otherwise," she said.

"I was 19 whenever my father died so I feel like it's been my whole adult life that I've been trying to fight this and its been incredibly difficult.”

A review of the murder investigation by the Police Ombudsman found it was ‘incomplete and inadequate’.

Sinn Féin Leader Mary Lou McDonald TD has expressed solidarity with the Brown family.

“Bridie Brown and her family have Sinn Féin’s full support as they face another court battle in their courageous campaign for truth and justice,” she said.

“Almost thirty years after Seán’s brutal murder, his family should never have been forced to defend their right to a public inquiry in the Supreme Court.

“His family have endured devastating loss, compounded by decades of delay, withheld information and the repeated denial of answers.

“Previous disclosures at Seán’s inquest revealed that more than 25 people were linked by intelligence to his murder, including several British state agents. This demands a full, independent public inquiry into the murder and the role of British state agents.

“The High Court and Court of Appeal ruled in the family’s favour. Yet the British government has chosen to prolong their ordeal by pursuing this appeal.

“That is a shameful way to treat a bereaved family. Expressions of sympathy ring hollow when accompanied by legal action to resist the public inquiry they have fought so hard to secure.

“Chris Bryant must take responsibility for ending this injustice. He should abandon this appeal and establish an independent public inquiry without further delay.”