The British government continues to deny the 88-year-old widow of Sean Brown the truth of its collusion killing of her husband by appealing a judge’s mandatory order that it hold a public inquiry into the murder.
The family denounced the “shameful” appeal filing and the timing of it on New Year’s Eve as an attempt to “bury bad news”.
In 1997, the 61-year-old Mr Brown was abducted in Bellaghy in County Derry as he was locking the gates of his Gaelic sports club and taken to Randalstown in Antrim, where he was shot dead by a loyalist paramilitary gang suspected of operating on the instruction of British agents.
The prominent nationalist was politically uninvolved, but his murder carried a chilling message to the nationalist community as peace process negotiations were reaching a critical stage.
Following a judicial review challenge by Mr Brown’s widow Bridie, the High Court ruled a public inquiry must be carried out as there was no other way to protect her right to a proper investigation into his death.
But British officials have now claimed the High Court ruling raises “matters of constitutional significance” and have taken it to the Court of Appeal.
In a statement released through the Pat Finucane Centre, the family expressed “deep regret and disappointment” at the decision.
“This appeal was lodged on December 31st, New Years Eve, and there must be a suspicion that the timing was intended to ‘bury bad news,” a spokesperson for the family said, adding that the previous decision not to grant an inquiry was similarly communicated to them “at 17.45 on a Friday”.
“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. This is shameful,” they said.
The family pointed out that the coroner had abandoned the inquest and recommended a public inquiry as the only legal alternative.
“The PSNI Chief Constable stated that he would not oppose such an inquiry. So it would seem that the real blockage is in London.”
The British Direct Ruler admitted it had consulted with its Ministry of Defence and MI5 before deciding to deny the family its rights under Article 2 of the European Convention on Human Rights.
“This raises profound and deeply concerning questions about collusion and the role of state agencies in this case,” they said.
“Why does the Ministry of Defence and the Security Service in London hold documentation about the murder of a totally innocent family man who was simply locking the gates of his beloved GAA club in rural County Derry?
“What was the relationship between these bodies and the LVF leadership? What was known in advance of the murder? Why are these bodies, who have actively thwarted investigations to date, being consulted on the merits of a public inquiry?
“It is a total mystery to us why ‘national security’ has been invoked to justify the redaction of vital evidence.
“As a family we wish to put the Secretary of State on notice that we will not give up in our struggle to get to the truth. We had hoped that he would take a different path to previous Tory ministers. Sadly this would appear not to be the case.”
SDLP Mid Ulster Assembly member Patsy McGlone slammed the decision to appeal over the ruling as “shameful”.
She said: “This decision from the Secretary of State flies in the face of what was a very clear ruling from Justice Humphreys that a public inquiry should be held into the murder of Sean Brown.
“Instead of acting in good faith and granting the family the inquiry they have fought so long and hard for, they issued this decision on New Year’s Eve, adding further insult to injury for the Brown family.
“All this family want is to find out what happened to their loved one and that should not be too much to ask.
“The family now face the intolerable position of months more of legal wrangling, more delay and heartache after what has been a long and emotional journey for them. I hope they can take heart from the huge support they have in the local community and right across this island. We are all behind them.
“It’s shameful that the family of Sean Brown face entering the new year still fighting for truth and justice for their beloved husband and father.”
The British government’s ‘Northern Ireland Office’ said it is also to appeal to the Supreme Court a ruling in a case led by Martina Dillon, whose husband Seamus was shot dead at the Glengannon Hotel in Dungannon in 1997, which it said “touches on related matters, so that all these issues can be considered as soon as possible”.
In a Court of Appeals ruling earlier this year, it was adjudged that the Tory ‘Legacy Act’ granted London too much censorship power over the disclosure of information held by the state.
A prominent US committee has accused the British government of seeking to “delay and deter justice”.
In a statement Washington DC based Ad-Hoc Committee to Protect the Good Friday Agreement (GFA) co-chair Bruce Morrison accused the British government of “backsliding” on commitments to repeal and replace the controversial Legacy Act.
He added: “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 spectre of state collusion followed by cover-up is as familiar as it is disturbing.”