Legal battle over inquest into murder of GAA official will not be put on hold over Troubles Legacy Act issues

Mr Justice Humphreys refused to grant a stay amid claims by the victim’s family that Northern Ireland Secretary Hilary Benn has acted in bad faith.

Listing the case for hearing in December, he said: “I do not believe that this family should have to wait for many more months to find out what the legal position may or may not be.”

Mr Brown, 61, was shot dead by loyalist terrorists after being abducted as he locked gates at the Bellaghy Wolfe Tones GAA Club in Co Derry in May 1997. No-one has ever been convicted of murdering the father of six.

Earlier this year it emerged that state agents were among more than 25 people linked by intelligence to the killing.

At that stage the coroner halted proceedings due to the extent of confidential material excluded or withheld on national security grounds. He wrote to the previous Conservative Government requesting the establishment of a public inquiry into Mr Brown’s killing. But last month Mr Benn confirmed that those calls have been rejected.

He instead urged the bereaved family to engage with the Independent Commissions for Reconciliation and Information Recovery (ICRIR), a new body set up under the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 to investigate Troubles killings.

The Court of Appeal in Belfast has already ruled that parts of the legislation breaches human rights law, with the Government having too much power to prohibit the Commission from sharing sensitive information.

Even though the Labour Government has pledged to repeal the Act, it intends to retain the ICRIR.

Mr Brown’s elderly widow, Bridie, is seeking a judicial review over the refusal to order a public inquiry. But with the Government planning to mount a Supreme Court appeal against the Legacy Act findings, counsel for the Secretary of State argued today that her challenge should be stayed until the legal position is clarified.

Lawyers representing Mrs Brown objected to the move after highlighting alleged assurances in a meeting that the legislation will be repealed.

Desmond Fahy KC told the court: “It now appears to the Brown family that the Secretary of State and the Northern Ireland Office are acting in bad faith.”

Mr Fahy claimed the Government’s intention to mount a further appeal was an attempt to preserve the most contentious remaining elements of the Legacy Act.

“The Brown family considers this a cynical attempt to kick into touch a judicial review which was at an advanced stage and had an inevitable outcome in the applicant’s favour,” the barrister submitted.

He argued that the only lawful way to vindicate their Article 2 rights to investigate the murder is through a public inquiry.

But any further delays due to the Secretary of State’s appeal would leave the family in “legal limbo”, the court heard.

Counsel also emphasised how Mrs Brown is now aged in her eighties, and that her son Damian has died since the legal campaign started.

“Time is not infinite, and time is running out,” he added.

Mr Justice Humphreys stressed he was not dealing with any allegations made against the Secretary of State.

But he predicted that it could be months before any appeal to the Supreme Court is resolved.

“It is being argued with some force that the State has failed in its investigative obligation to carry out an Article 2 compliant inquiry into the death of Sean Brown,” the judge pointed out.

“That obligation has pertained for some 27 years.”

Refusing to stay the judicial review proceedings, he confirmed: “There is no reason in my mind why this applicant should wait any longer to find out if the Article 2 obligation has been satisfied in this case.” ends