Irish Republican News · January 14, 2004

Finucanes seek judicial review

Mrs Geraldine Finucane is seeking a judicial review to force the British government to publish the Cory reports.

Mrs Finucane is seeking an order compelling the Secretary of State to publish ``the Cory collusion inquiry report and to indicate publicly the recommendation of the report.''

She is also seeking a declaration that she is entitled to a copy of the report or access to it.

Her lawyers have asked that an initial leave hearing should be dispensed with as they claim the papers clearly disclose an arguable case for a court challenge.

The grounds for her application include the government's commitment to publish the report and claim that failure to do so is a breach of her rights under the European Convention.

The papers state: ``The applicant had a legitimate expectation that once the report was delivered to the government it would be published without any or undue delay.''

In a separate report, London police chief John Stevens has already confirmed that elements of the British Crown forces colluded in the murder of Pat Finucane.

Mrs Finucane's lawyers have submitted that the Secretary of State's decision to withhold publication of the Cory report and its recommendations is unfair, unreasonable and unlawful.

The papers state that Judge Cory has said in his report on the murders of Chief Superintendent Breen and Superintendent Buchanan: ``This case, like that of Finucane, Hamill, Wright, Nelson and the Gibsons, was specifically selected as one of those to be reviewed to determine if there was collusion and, if so, to direct a public inquiry.

``In light of this provision in the original agreement, failure to hold such an inquiry as quickly as possible might be thought to be a denial of the original agreement, which appears to have been an important and integral part of the peace process. The failure to do so could be seen as a cynical breach of faith which could have unfortunate consequences for the peace accord.''

The papers have now been passed to a judge to decide whether to hold a leave hearing or to proceed with the substantive application for judicial review.

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