Court approves judicial review of government's Sean Brown murder public enquiry refusal
The widow of GAA official Sean Brown has secured High Court permission to challenge the UK Government’s failure to act on calls to establish a public inquiry into his murder.
Bridie Brown was granted leave to seek a judicial review against the Secretary of State for not taking a decision on the request made by a coroner.
Mr Brown, 61, was abducted by a Loyalist Volunteer Force (LVF) gang as he locked the gates at Bellaghy Wolfe Tones GAA Club in Co Londonderry in May 1997.
The father of six was bundled into the boot of his car, taken to Randalstown, Co Antrim and shot dead.
In March this year the coroner, Mr Justice Kinney, declared that the inquest could not continue because of material being excluded or withheld on national security grounds.
Before the hearing was halted, however, it emerged that state agents were among more than 25 people linked by intelligence to the murder.
Mr Justice Kinney wrote to Northern Ireland Secretary Chris Heaton-Harris, asking him to establish a public inquiry and setting a four-week deadline for taking a decision.
Lawyers for Mrs Brown launched a legal challenge over the failure to respond to that correspondence.
They alleged that it breached the state’s duty to provide an effective investigation into her husband’s death under Article 2 of the European Convention on Human Rights.
A public inquiry is now the only viable way of meeting those obligations, according to their case.
It was further contended that the Secretary of State has acted unlawfully amid public concern at the potential involvement of agents in the murder.
With Mrs Brown now aged 87 and having fought for decades to establish the full circumstances surrounding her husband’s killing, the court was told there is an urgency to the proceedings.
At a review hearing today no-one appeared on behalf of the respondents.
However, Mr Justice Humphreys ruled that Mrs Brown has established an arguable case.
Granting leave for her to apply for a judicial review, the judge listed the case for full hearing later this month.
Outside court the widow’s solicitor, Niall Murphy of KRW Law, said: “We are grateful to the court for the expeditious management of this important (challenge) and look forward to making our full application in open court.”
In a statement, the Brown family was critical of the non-attendance by Government representatives.
“We have waited patiently for 27 years, however in all of our attendances at court we have never experienced the abject arrogance exhibited by the Secretary of State,” the statement said.
“Our mother is 87 years old and has the right to this decision as soon as possible.
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