Judge compels British govt to hold Brown inquiry

The British government has been ordered to hold a public inquiry into the collusion killing of Gaelic sports official Sean Brown following a mandatory order by the High Court in Belfast.

Justice Michael Humphreys said there is “a clear and unambiguous obligation” on the British state to carry out an investigation into Mr Brown’s death.

Mr Brown, who was the chairman of Bellaghy Wolfe Tones Gaelic club, was locking the gates to the training ground when he was ambushed by loyalist paramilitaries and suspected British agents. The prominent Catholic civilian was abducted, beaten and shot six times in the head.

The murder took place in May 1997, as pressure was being exerted on the nationalist community in rural areas to back a peace deal with the British government. No-one has ever been convicted of the killing.

In September, the new Labour government said it would not order a public inquiry, without offering an explanation. Instead, it was suggested that the Brown family should engage with a new ‘reconciliation’ body set up by the previous Tory government designed to ‘draw a line’ under the conflict.

His widow, Bridie, brought judicial review proceedings challenging the legality of the decision.

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, the judge told the court in Belfast there was a “clear and unambiguous obligation” on the Crown to carry out an Article 2 compliant investigation.

He said the mandamus (mandatory) order was “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.”

Earlier this year, a coroner said his ability to examine the death of Mr Brown had been “compromised” by the extent of confidential State material being excluded from the proceedings on the grounds of “national security”

The inquest proceedings had heard that in excess of 25 people had been linked by intelligence to the murder, including several British Crown agents. It also heard surveillance of a suspect in the murder was stopped on the evening of the killing, apparently deliberately, only to resume again the following morning.

“After 27 years, the United Kingdom has manifestly failed to investigate the murder of Sean Brown in which state agents were allegedly involved,” the judge said.

“An 87-year-old widow does not know how, why or by whom her husband was killed.

“Previous investigations have been fundamentally flawed. Information has been deliberately withheld.

“It simply cannot be the case that the state can cite resources and ignore the duty it owes to the Brown family.”

Speaking outside court, his daughter, Siobhan Brown, said the family were 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 British Direct Ruler to obey the ruling of the court as soon as possible.

“Do the right thing and (do) not appeal this decision and for us to get the justice we deserve for our father,” she added.

The family’s lawyer Niall Murphy said it is an “exceptional judgment”.

“It’s legal history in one sense insofar as it is the first time the High Court has directed, by order of mandamus, that the Government convene a public inquiry,” Mr Murphy said.

“The reason the court took that exceptional step is because of the exceptional egregious actions of the police and thereafter the secretary of state in the 27 years since.

“Had the organisations, which had responsibility, did what they were charged with, had they investigated the case properly, had they pursued prosecutions and convictions, this family would not have to wait for 27 years.

“However, the agencies of the State put their face against the interests of justice and frustrated access to justice for this family and today is the inevitable consequences of that.”

First Minister Michelle O’Neill welcomed the ruling.

“The British Secretary of State should fully respect the court’s decision and act immediately to establish a public inquiry without delay,” she said.

“I want to pay tribute to Bridie and the entire Brown family for their courage and determination over the past 27 years. Their relentless fight for truth and justice is remarkable.”

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