UK Government says it will seek Supreme Court appeal over Sean Brown inquiry

The UK Government has confirmed it will seek a Supreme Court appeal over a court ruling that ordered it to hold a public inquiry into the killing of GAA official Sean Brown.

The statement from the Northern Ireland Office came after Appeal Court judges in Belfast affirmed an earlier High Court ruling compelling the Government to hold a public inquiry.

The Appeal Court judges said their final order compelling Northern Ireland Secretary Hilary Benn to establish an inquiry would come into effect on June 2.

Mr Benn had already signalled an intention to take the case to the Supreme Court.

On Friday it was confirmed he would now be seeking leave to take the case to the Supreme Court following the Court of Appeal decision.

Last month the Court of Appeal ruled that the ongoing failure to hold a public inquiry in the Brown case was unlawful.

The judges deferred making a final order for four weeks to give Mr Benn space to consider his response.

Earlier this week, he applied to the court to give him another four weeks for further consideration but the three judges, including Northern Ireland’s Lady Chief Justice Dame Siobhan Keegan, proceeded to make their final determination on Friday.

The courtroom in Belfast was packed with supporters of the Brown family as the order was confirmed by Dame Siobhan.

Mr Brown’s widow, Bridie, and her children, watched the proceedings from the front of the public gallery.

Mr Brown, 61, the chairman of Bellaghy Wolfe Tones GAA Club in Co Londonderry, was ambushed, kidnapped and murdered by loyalist paramilitaries as he locked the gates of the club in May 1997.

No-one has ever been convicted of his killing.

Preliminary inquest proceedings last year heard that in excess of 25 people had been linked by intelligence to the murder, including several state agents.

It had also been alleged in court that surveillance of a suspect in the murder was temporarily stopped on the evening of the killing, only to resume again the following morning.

The Northern Ireland Secretary contends the case involves a key constitutional principle of who should order public inquiries, the Government or the judiciary.

A UK Government spokesperson said: “We acknowledge the court’s decisions and now intend to seek permission to appeal from the Supreme Court because this judgment and the terms of the mandatory order raise matters of constitutional significance that go beyond this individual case.

“The court previously invited the Secretary of State to reflect on the judgment and has reiterated today that this process should continue.

“We will of course respond to the court on that issue in early June.

“This will not, however, delay our determination to repeal and replace the Legacy Act, and to implement mechanisms that are human-rights compliant.”

Earlier, outside court, Mr Brown’s daughter Clare Loughran said a public inquiry was the only option open to Mr Benn as she reiterated her mother’s plea to him not to take the family to the Supreme Court in London.

“We feel vindicated that we have completed the process here in this jurisdiction, and that the Lady Chief Justice and the Court of Appeal has not upheld the Secretary of State’s decision on not giving us a public inquiry,” she said.

Ms Loughran added: “My mother stood in front of these microphones four weeks ago and appealed to the Secretary of State not to have to make her go to London, and that remains our position.

“She’s an elderly lady. We have fought very long and very hard to try and get to the end point of this, which is that public inquiry to get to that truth. And that’s all we want at this stage.

“We really appeal again to the Secretary of State. I appeal on my behalf, on behalf of my mother, to please do the right thing. Do not take us to London. Do not take this to the Supreme Court. Do not drag this out any longer.”

The family of Mr Brown were applauded by a large crowd of supporters as they arrived at the Court of Appeal for Friday’s hearing.

Stormont First Minister Michelle O’Neill, Sinn Fein president Mary Lou McDonald and other party colleagues were among those who accompanied the Brown family as they approached the court building.

SDLP MLAs Patsy McGlone and Justin McNulty were also among the political representatives present.

Mr Benn first signalled his intention to seek leave for the Supreme Court appeal on Wednesday.

It prompted strong criticism from the Brown family and their supporters.

The Court of Appeal, as is routine practice, dismissed Mr Benn’s application for leave to the Supreme Court on Friday.

That placed the onus on Mr Benn to apply directly to the Supreme Court for leave to hear an appeal, which he has now confirmed he will do.

Ms Loughran asked what the Government was seeking to “hide”.

She highlighted that her mother was now 87 and had already endured almost 60 court appearances.

“What are they trying to hide? What are they trying to stall this for further?” she asked.

“All she (her mother) wanted ever is to find out why. We are 10 days away from the 28th anniversary of my father’s murder, the worst day of our lives, the most brutal thing that can happen to a really entirely innocent man. Why are they continuing to drag this through further? Let us get the truth.”

The Brown family’s solicitor, Niall Murphy, questioned whether the Government was intending to continue to break the law.

He said the Court of Appeal had given a “strong, firm, unambiguous and very clear order” compelling Mr Benn to establish a public inquiry.

“The position is now crystal clear,” Mr Murphy added.

“The Secretary of State has a binary choice: either comply with the law or continue to break the law. And, as a society, we should all hope that those who make our laws will not be those who will now break our laws.”

Ms O’Neill urged Mr Benn to “get on with it” and order a public inquiry.

“I think he’s living in a fool’s paradise if he thinks that the Brown family are going to go away, or if the community of Bellaghy are going to go away, or if the people right across the north (are going to go away),” said the Sinn Fein vice president.

“You’ve seen how many people came along to support this family yet again in the courts today. The court ruling is crystal clear. Get on with it. Do the public inquiry. Do the right thing.

“Have some degree of decency and stop putting Bridie Brown through this day and daily.”

Mr McGlone said Friday’s hearing was a significant moment in the family’s pursuit of justice.

“I have stood with the Brown family at court on many occasions over the years and today was particularly moving as the family were given a rapturous applause upon arrival,” said the SDLP Mid Ulster MLA.

“This stands in stark contrast to the way they have been treated by the UK Government who are using every dirty trick in the book to stop them uncovering the truth of what happened to their husband and father.

“To try to drag Bridie Brown to London for a Supreme Court hearing all so they can protect the dark forces in state agencies who helped carry out this murder should shame this Government.

“It flies totally in the face of their obligations under the European Convention on Human Rights.”