Court told that a public inquiry may be appropriate to fully investigate murder of Sean Brown
A coroner will have to determine whether a public inquiry may be appropriate to fully investigate the circumstances of the murder of GAA official Sean Brown, a court has been told.
A barrister for Mr Brown’s family said the coroner would have to assess whether the case was in “Litvinenko territory”, a reference to the public inquiry into the death of Alexander Litvinenko, a Russian defector to the UK who was poisoned and died in 2006.
Stephen Toal made the remarks after the court was told that sensitive police material in the case impacted on issues of national security and also raised issues about previous investigations into Mr Brown’s death.
Mr Brown, 61, was abducted and killed by loyalists as he locked the gates at Bellaghy Wolfe Tones Club in Co Derry in May 1997.
No-one has been convicted of his murder.
His inquest began in March and is scheduled to resume next year.
The proceedings are taking place against the backdrop of the Government’s new legacy Act, which states that any legacy inquests which have not reached the point of verdict by May 1 2024 will be discontinued.
Members of Mr Brown’s family attended the latest review hearing at the Royal Courts of Justice on Thursday.
Opening the hearing, counsel for the coroner Joseph Aiken KC updated the court on the disclosure of PSNI sensitive material about the killing.
He said that nine files of material from the police were being prepared a for a public immunity interest (PII) application.
Mr Aiken added: “I am also confirming publicly that the sensitive material to be considered in the PII process, as is always the case, does raise important issues of national security that will have to be addressed.
“I am also indicating that the material does raise issues in relation to the previous investigations that have been undertaken and the PSNI is fully aware of the issues that arise in respect of the previous investigations and is in the process of taking the appropriate steps that will be necessary in that regard.”
The barrister said he hoped more clarity could be provided at the next review hearing.
Barrister for the PSNI Mark Robinson KC said he was constrained about what he could say about the material in the disclosure process but indicated that he would be able to provide the court with an update on what work remained outstanding at the next review.
Barrister for the Brown family Mr Toal said his clients were “in the dark” about the new material that has been uncovered.
Addressing the coroner he said: “Obviously the PII process will have to be convened in order for you to assess the relevance of that material and whether we are actually in the Litvinenko territory and whether ultimately a public inquiry is a more appropriate vehicle in order to look into the circumstances surrounding the murder of Sean Brown.
“We have confidence in you and your team because this matter has real momentum now and we can see that work is being done and it is being done expeditiously.”
The lawyer said the Brown family did not have the same level of faith in the police.
He added: “It is clear that all of the delays are at their door.”
Coroner Justice Patrick Kinney said another review hearing would take place on November 9.
Want a quick and expert briefing on the biggest news stories? Listen to our latest podcasts to find out What You Need To Know.