Judge rules against further delay in Brown cover-up

The family of murdered Gaelic sports official Sean Brown believe the new British government has shown bad faith after it sought to challenge an appeal court ruling on new legislation for dealing with the legacy of the conflict.

Details emerged as the British Direct Ruler Hilary Benn was refused a delay to a legal challenge over London’s failure to order a public inquiry into the GAA man’s murder.

Mr Brown’s family were devastated last month after a public inquiry was ruled out by Benn, despite a coroner’s request for one to be held.

The 61-year-old was attacked and beaten by a loyalist death squad, believed to be acting in collusion with the British state, as he locked the gates at Wolfe Tones Gaelic sports club in Bellaghy, south County Derry, in May 1997.

After he was placed in the boot of his own car, he was taken to a country lane where he was shot six times.

It emerged during an inquest hearing into his death earlier this year that more than 25 people had been linked to the murder, including several state agents.

It also emerged that a suspect in the murder was believed to be a serving member of the British Army, while another held a personal protection weapon and was regularly visited by an RUC police official at his home.

The inquest into Mr Brown’s killing was abandoned after the coroner confirmed he was unable to complete it due to the refusal of the British Crown Forces to disclose vital information.

The coroner later wrote to then Tory Direct Ruler, Chris Heaton-Harris, to request a public inquiry.

Controversial ‘cover-up’ legislation, to end all inquests and civil cases, came into operation in May.

Responsibility for oversight of past cases has since transferred to the Independent Commission for Reconciliation and Information Recovery (ICRIR). The official ‘truth body’ is opposed by many victims and families, who believe it is part of British government attempts to protect itself, the Crown Forces and their agents, from being held accountable for their actions.

The new Labour government had promised to repeal and replace the legacy act, although the ICRIR continues to operate.

Last month the Court of Appeal in Belfast found that a British government veto over sensitive material that can be disclosed by the ICRIR to relatives of the dead is not compatible with human rights laws.

It was also found that the legacy body does not give victims and relatives adequate means to take part in its processes.

It emerged last week the British government is now seeking to challenge that court judgment.

Speaking during yesterday’s hearing Desmond Fahy KC, for Mr Brown’s family, told the High Court that the Brown family met with Benn at his request in August.

“At that meeting the Secretary of State repeated to them the Labour party’s publicly stated position and manifesto commitment to repeal the (Legacy Act),” he said.

“The Brown family approached that meeting in good faith, and it now appears to the Brown family that the Secretary of State and the Northern Ireland Office are acting in bad faith.

“Because the net effect of this proposed appeal of the judgment of the Court of Appeal is an attempt to preserve all the contentious elements of the legacy act or the additional immunity provision which has already been struck down.”

Mr Fahy added that the “Brown family consider this to be a cynical attempt to kick into touch a judicial review which is at an advanced stage and has what is close to an inevitable outcome in the applicant’s favour”.

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.

The court refused the British application for a further delay.

Sinn Féin Assembly member Emma Sheerin has called on the British government to live up to its previous commitment to scrap the “cruel” Legacy Act.

The Mid Ulster Assembly member said: “Sean Brown’s family have fought for over 27 years to establish the full extent of the events which led to his murder.

“Today’s ruling in the High Court is a vindication of the Brown family’s efforts and their determination to not give up fighting for the truth.

“The British government must live up to its previous commitments and scrap the Legacy Act in full.”

Urgent Appeal