Widow of murdered Belfast solicitor Pat Finucane calls for public inquiry
Mr Finucane was shot dead in front of his family in February 1989 by loyalists in an attack found to have involved collusion with the state.
The 39-year-old was shot 14 times while enjoying Sunday lunch at home with his family.
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Hide AdHis widow Geraldine claimed the Government had unlawfully “reneged” on a promise to hold a public inquiry into the killing when former prime minister David Cameron instead ordered an independent review.
The Supreme Court in London ruled yesterday that there has been no “effective investigation” into Mr Finucane’s murder, and that previous inquiries had not complied with the Finucane family’s human rights.
But the court also found that, while Mrs Finucane had been given “an unequivocal undertaking to hold a public inquiry into Mr Finucane’s death”, the Government was justified in later deciding against holding one – and that the “change of heart on the part of the government” was made in good faith.
Giving the judgment of the court, Lord Kerr found that the decision not to hold a public inquiry into the murder was a matter for the Government’s “political judgment”.
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Hide AdHe also dismissed Mrs Finucane’s contention that the decision was predetermined, stating: “There is simply no sustainable evidence that the process by which the decision was taken was a sham or that the outcome was predetermined.”
But the court also ruled that the de Silva review – which found “shocking” levels of state collusion involving the army, police and MI5, but ruled out an “overarching state conspiracy” – was not compliant with Article 2 of the European Convention on Human Rights, which required the investigation to be provided with “the means where, if they can be, suspects are identified and, if possible, brought to account”.
Lord Kerr declared that there has not been an effective investigation into Mr Finucane’s murder, but added: “It does not follow that a public inquiry of the type which (Mrs Finucane) seeks must be ordered.
“It is for the state to decide... what form of investigation, if indeed any is now feasible, is required in order to meet that requirement.”
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Hide AdSpeaking after the ruling, Mrs Finucane said: “This is a historic moment. I stand before you today outside the United Kingdom Supreme Court with one simple message: we won.”
She added: “The British Government now knows that it cannot conceal the truth any longer. They have now been told this by the highest court in the land.
“It is time for the murder of Pat Finucane to be properly and publicly investigated in a public inquiry. Nothing less will suffice.”
Mr Finucane’s son John said: “Today is a very significant victory along the road of our campaign for truth and justice.”
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Hide AdPrime Minister Theresa May’s official spokesman said: “We recognise the suffering of Mrs Finucane caused by the appalling murder of her husband.
“In 2012, the then prime minister apologised for the collusion which took place and which should never have happened.
“In relation to the Supreme Court, we are considering that judgment. We will consider it in detail before determining our next steps.”
Asked if this could result in a public inquiry, the spokesman said: “In relation to the judgment, it does not direct the holding of a public inquiry.
“It makes it clear that it is for the state to decide what form of investigation, if indeed any is now feasible, is required in order to meet the investigative requirements.”