LAST UPDATE | 3 Jan
THE FAMILY OF murdered GAA official Sean Brown has criticised a decision by the Northern Ireland Secretary of State to appeal over a court ruling which ordered the UK Government to hold a public inquiry into his death.
Brown, who was chair of Bellaghy Wolfe Tones GAA club, was locking the gates to the training ground when he was ambushed by loyalist paramilitaries in May 1997. He was abducted, beaten and shot six times in the head.
No one has ever been convicted of the 61-year-old’s murder.
A High Court judge Mr Justice Michael Humphreys said there is “a clear and unambiguous obligation” on the State to carry out an investigation into Brown’s death but the Northern Ireland Office appealed the ruling earlier this week.
It comes after Brown’s family called on Northern Ireland Secretary Hilary Benn to obey the ruling of the court, which was made last month. A spokesperson for the family expressed “deep regret and disappointment” at the decision.
His widow Bridie brought judicial review proceedings challenging the legality of an earlier decision by the Northern Ireland Secretary not to hold an inquiry into his death.
“This appeal was lodged on 31 December, New Year’s Eve, and there must be a suspicion that the timing was intended to bury bad news,” the family spokesman said, adding that the decision not to grant an inquiry was communicated to them at 5.45pm on a Friday.
“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,” the family said.
“This is shameful. When the coroner abandoned the inquest early last year he recommended a public inquiry as the only legal alternative.”
The family claim that only those in London are seeking to oppose an inquiry, as they claim PSNI Chief Constable Jon Boutcher has previously stated that he would not reject it.
A spokesman also said the family believe Benn’s consultation with the Ministry of Defence and the Security Service MI5 before deciding to deny the inquiry raises “profound and deeply concerning questions”.
Brown’s family questioned why the ministry and the security serviced were involved in the first place, adding that it is a “mystery” to them why national security has been raised to justify the removal of evidence in the past.
“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.”
A spokesperson said the Northern Ireland Office has enormous sympathy for Bridie and her family over Seán Brown’s murder, but noted that the High Court raises a number of issues, including matters of constitutional significance.
The office suggested that the significance of those matters could impact previous or future court proceedings and, therefore, the British government has chosen to lodge an appeal of the decision.
“We are also seeking expedition of the application for permission to appeal to the Supreme Court in the prior case of Dillon & Others, which touches on related matters, so that all these issues can be considered as soon as possible,” the spokesperson said.
“This appeal will not delay the Government’s determination to repeal and replace the Legacy Act, and to reform ICRIR to strengthen its capacity to find answers for victims and families.”
SDLP Mid Ulster MLA Patsy McGlone slammed the decision to appeal over the ruling as shameful and it “flies in the face of what was a very clear ruling” from the court.
“Instead of acting in good faith and granting the family the inquiry they have fought so long and hard for, they issued this decision on New Year’s Eve, adding further insult to injury for the Brown family,” McGlone said.
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