The British Government is facing criticism for its move to appeal an inquiry, ordered by the High Court, into the 1997 murder of Sean Brown in Northern Ireland.
On May 12, 1997, Brown was abducted from outside the GAA club Bellaghy Wolfe Tones in Co Derry.
He was forcibly placed into the boot compartment of his own vehicle and driven to farmland adjoining Old Moneynick Road, Randalstown, Co Antrim.
He was shot six times and his vehicle set alight.
Police officers who attended the scene discovered his body, lying next to his burning vehicle.
No one has ever been convicted of his murder; his family has campaigned for more than 25 years seeking justice.
In September, the British Government said it would not order a public inquiry into Brown's death having concluded the Independent Commission for Reconciliation and Information Recovery (ICRIR), a portion of the controversial Legacy Act, to be "capable of discharging the Government’s human rights obligations.”
Sean Brown
We have just received an email from @NIOgov confirming that the SecofState has refused the direction of a High Court Judge and will not convene a Public Inquiry
Whereas the family are devastated, they will challenge this decision.
@FinucaneCentre pic.twitter.com/wHMHaW4Pd4
— KRW Law Human Rights (@KRWLaw) September 13, 2024
In December, however, Belfast High Court Justice Michael Humphreys ordered Northern Ireland's Secretary of State Hilary Benn to launch a public inquiry under the Inquiries Act 2005.
In his ruling, Humphreys noted that there "is a clear and unambiguous obligation on the State" to carry out the inquiry, adding that "no viable alternative to a public inquiry has been advanced."
🚨 SEAN BROWN PUBLIC INQUIRY 🚨
Belfast High Court has “no hesitation” in finding that after 27 years the UK government has “manifestly failed” to investigate the murder of Sean Brown, that the UK is in breach of article 2 ECHR and directs the SoS to convene a Public Inquiry. pic.twitter.com/QV39yLRloo
— KRW Law Human Rights (@KRWLaw) December 17, 2024
Responding to Humphreys' judgment, a Northern Ireland Office spokesperson told the PA: “The UK Government acknowledges the serious issues raised by this ruling and we will give careful consideration to the full written judgment.
“We have enormous sympathy for Mrs. Brown and her family who have suffered so much since Sean Brown’s murder.”
On December 31, the Northern Ireland Office lodged an appeal of the decision to hold an inquiry.
Appeal by Secretary of State against the judgement and Order by the High Court to convene a public inquiry into the murder of Sean Brown will be heard on an expedited basis on Thurs 16 January.
High Court judgement was Tues 17 December.
Notice of Appeal lodged Tues 31 December pic.twitter.com/LPWrTyjcGa
— KRW Law Human Rights (@KRWLaw) January 7, 2025
“We have enormous sympathy for Mrs Brown and her family who have suffered so much since Sean Brown’s murder," an NIO spokesperson told the PA on January 2.
“The recent judgment by the High Court however raises a number of important issues, including matters of constitutional significance that go beyond this individual case.
“The Government has therefore lodged a notice of appeal to the Court of Appeal and we are seeking expedition.
“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.
“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.”
"Shameful"
The appeal has been slammed by both the Brown family and the US-based Ad-Hoc Committee to Protect the Good Friday Agreement.
“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 Brown family said in a statement responding to the appeal.
"This is shameful.”
"Deter justice"
In a statement on January 6, the Ad-Hoc Committee to Protect the Good Friday Agreement said: "The British government has once again sought to delay and deter justice in its recent decision to appeal the Sean Brown case.
"This unfortunately is a well-worn path that has been used time and time again to cover up state collusion in the case of a tragic, sectarian murder."
Bruce Morrison, Co-Chair of the Ad Hoc Committee, stated: “We expected much more from the Prime Minister and the Labor government.
"Prime Minister Starmer promised to Repeal and Replace the Legacy Act. Since taking office, it has been all backsliding. This is just the latest case of seeking to delay and deter the proper application of GFA Human Rights requirements to victims in Northern Ireland.
"The specter of state collusion followed by cover-up is as familiar as it is disturbing.”
Morrison continued: “We will work closely with our Congressional allies to impress upon the new British Ambassador Lord Peter Mandelson and Secretary of State Hilary Benn that we will make the decades of state collusion, abuse of the justice system and disregard of the victims a matter of pointed discussion when they arrive in Washington.”
Professor Martin Flaherty, a human rights lawyer at Fordham and Princeton universities who has spent decades working in Northern Ireland, stated: “We had high expectations that the new Secretary of State Hilary Benn would break new ground and create a fresh path to justice and fairness for the many victims.
"Unfortunately this is not the case.
"This decision seems particularly cold and callous in how it was announced as well.
"The Ad Hoc Committee stands in full solidarity with the Browns, and with all victims and victims’ families for whom this appeal represents yet another chapter in a decade’s long story of delay and evasion of responsibility.”
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