Public inquiries only ever seem to be for nationalist victims, says Jim Allister after court orders inquiry into murder of GAA official in 1997
A court order of an inquiry into the murder of a GAA official again suggests that inquiries are only for nationalist victims, an MP said.
TUV leader Jim Allister made the claim after Mr Justice Humphreys ordered the UK government to hold a public inquiry into the murder of Sean Brown in Co Londonderry in 1997.
Preliminary inquest proceedings have heard that over 25 people had been linked by intelligence to the murder, including state agents. Mr Justice Michael Humphreys said there is “a clear” obligation on the state to investigate Mr Brown’s death. But North Antrim MP Mr Allister KC said the move would amount to duplication: “I see considerable judicial overreach here, not least in circumstances where HM Government has announced it will be giving the ICRIR (Independent Commission for Reconciliation and Information Recovery) the same disclosure powers as a public inquiry.”
He expected the government to appeal: “Once more many victims of the IRA will reflect how public inquiries only ever seem to be for nationalist victims. Just recently the La Mon victims again called for a public inquiry, but the response for years has been negative.”
A Northern Ireland Office spokesperson said: “The UK government acknowledges the serious issues raised by this ruling and we will give careful consideration to the full written judgment.”
On Tuesday, 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 Londonderry in May 1997. No-one has ever been convicted of his murder.
See also:
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.