The family of a GAA man murdered by loyalist paramilitaries has expressed “deep regret and disappointment ” at the decision by the UK government to appeal a High Court order for a public inquiry into the killing.
Members of Sean Brown’s family are also questioning the time of the lodging of the appeal by the Northern Ireland Office, which happened on New Year’s Eve.
In 1997, the 61-year-old Mr Brown was abducted in Bellaghy in Co Derry as he was locking the gates of his Wolfe Tones club and taken to Randalstown in Antrim, where he was shot dead, believed by the LVF.
Following a judicial review challenge by Mr Brown’s now 87-year-old 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.
The NIO said the High Court ruling raises “matters of constitutional significance” while also linking this to a Court of Appeals finding the UK government has too much veto power around the disclosure of information in connection with those killed during the most recent conflict.
These legal battles centre on the Legacy Act, which established the Independent Commission for Reconciliation and Information Recovery (ICRIR), the body set up to replace all inquests and civil cases relating to the Troubles.
In a statement released through the Pat Finucane Centre, the family expressed “deep regret and disappointment” at the Secretary of State Hilary Benn’s decision to lodge the appeal.
“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 communicated to us by the NIO 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,” the family added.
It was also noted by the family a coroner “abandoned the inquest” and recommended a public inquiry as the only legal alternative.
In a statement, the NIO said that it has “enormous sympathy for Mrs Brown and her family who have suffered so much since Sean Brown’s murder”.
“The recent judgement by the High Court however raises a number of important issues, including matters of constitutional significance that go beyond this individual case,” a spokesperson said.
“The government has therefore lodged a notice of appeal to the Court of Appeal and we are seeking expedition.
“We are also seeking expedition of the application for permission to appeal to the Supreme Court in the prior case of Dillon & Others, which touches on related matters, so that all these issues can be considered as soon as possible.
“This appeal will not delay the government’s determination to repeal and replace the Legacy Act, and to reform ICRIR to strengthen its capacity to find answers for victims and families.”
The Dillon case is led by Martina Dillon, whose husband Seamus was shot dead at the Glengannon Hotel in Dungannon in 1997.
In a Court of Appeals ruling earlier this year, Lady Chief Justice Siobhan Keegan wrote for the panel that the Legacy Act granted the UK government, specifically the Northern Ireland secretary, far too much veto power over the disclosure of information held by the state.
