Government to challenge ruling on public inquiry into GAA official’s murder

Jayne McCormack, Brendan Hughes and Raymona Crozier

BBC News NI

Getty Images A photo of Sean Brown being held up in a woman's hands. Sean Brown has dark hair and is wearing a white polo shirt. It is in a brown frame and the woman holding it up is wearing a white jumper with thin navy stripes. Only her torso and hands are visible. — Sean Brown was murdered in 1997

The government is to challenge a court ruling that found its refusal to hold a public inquiry into the killing of a GAA official was unlawful.

The Court of Appeal in Belfast had given Northern Ireland Secretary Hilary Benn four weeks to reconsider a decision not to hold an inquiry into the murder of Sean Brown in 1997 by the Loyalist Volunteer Force (LVF).

With that deadline set to expire on Thursday Benn confirmed he was now seeking leave to appeal the judgement to the Supreme Court, the UK’s highest court.

He has also asked the Court of Appeal for more time to fully consider the judgement.

Government pledges investigation

Sean Brown’s widow Bridie has previously urged the government to “do the right thing”

PA Media Sean Brown's widow Bridie wearing a pink cardigan with gold buttons walks along flanked by her daughters Siobhan and Claire, who are both holding black and white photos of Sean Brown. Siobhan is wearing a linen jacket over a white top and black trousers, Claire is wearing a dark jacket over a pink top and black trousers. — Sean Brown’s widow Bridie has previously urged the government to “do the right thing”

Speaking at Westminster on Wednesday, Benn said he remained determined to have a “full, thorough and independent investigation” into Mr Brown’s murder.

“The murder of Sean Brown in 1997 was despicable, and his death caused great suffering and pain to his family, his wife Bridie, and the community,” he said.

“I know that the length of time it has taken to provide them with the answers they have been searching for has added to that pain.”

Benn said while the government wanted an investigation that complied with its human rights obligations, the Court of Appeal’s judgment required a “detailed and comprehensive response”.

“I have today asked the court for more time to provide this, because I need advice from officials so that I can answer all of the questions that the court has put to me,” Ben said.

“I have also asked the court today, given the impending deadline, for leave to appeal to the Supreme Court in case that would prove to be necessary.

He added that nothing would stop the government repealing and replacing the controversial Troubles Legacy Act, saying he wanted instead to “put in place mechanisms for investigating what happened that can command confidence across all communities in Northern Ireland”.

Social Democratic and Labour Party leader Colum Eastwood said the government’s decision was “wrong morally and ethically”.

He said “dragging” Mr Brown’s widow Bridie to the Supreme Court was “grotesque”.

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What happened to Sean Brown?

Mr Brown was locking the gates of GAA club Bellaghy Wolfe Tones when he was kidnapped by the LVF.

Early last year, a court heard more than 25 people, including state agents, had been linked by intelligence material to Mr Brown’s murder.

In March 2024 a coroner said Mr Brown’s inquest could not continue due to material being withheld on the grounds of national security.

He decided that redactions of intelligence material meant he could not properly investigate the circumstances of the killing.

Instead, he wrote to the then Northern Ireland Secretary Chris Heaton-Harris, requesting a public inquiry into the case.

In December, the High Court ruled that current Northern Ireland Secretary Hilary Benn must set up a public inquiry into the murder.

The government then appealed against that ruling, mounting a legal challenge to the Court of Appeal.

However, Lady Chief Justice Dame Siobhan Keegan said it was “a shocking state of affairs” that more than 25 years had passed but there had been no “lawful inquiry into the circumstances” of Mr Brown’s death.

After that ruling, Mr Brown’s family said Benn should “do the right thing”.

Mr Brown’s widow spoke directly to the NI secretary, saying: “Five judges have told you what to do, do the right thing and please don’t have me going to London.”

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