THE Court of Appeal in Belfast has affirmed a previous High Court ruling ordering the British government to hold a public inquiry into the LVF murder of GAA official Sean Brown.
This morning the family of Sean Brown were applauded by supporters as they arrived at the Court of Appeal.
On Wednesday Northern Ireland Secretary of State Hilary Benn sought leave to appeal to the Supreme Court in London after a Belfast court ruled that the British government was acting illegally in failing to order a public inquiry into Mr Brown’s murder.
Sean Brown, 61, was shot dead after he was beaten and abducted by loyalists in 1997 as he closed the gates of Wolfe Tones GAC in Bellaghy, Co Derry. In February last year it emerged that more than 25 people, including British state agents, were linked to the sectarian murder, which no one has ever been convicted of.
Last month the Court of Appeal in Belfast ruled that the decision by the British government to refuse a public inquiry into Mr Brown's murder "cannot stand and is unlawful and in breach of Article 2 obligations”. Mr Benn was given four weeks to “reflect upon the judgement.”
Ahead of that deadline the British government moved to challenge the court findings. Mr Benn applied to the Court of Appeal in Belfast for further time to consider its judgment.
After hearing submissions this morning, Lady Chief Justice Dame Siobhan Keegan said judges were "minded to finalise this case today by way of dismissing this appeal".
Speaking earlier outside the Court of Appeal, Mark Thompson from victims’ group Relatives For Justice criticised the actions of the Secretary of State.
“What is happening here today is the culmination of a very lengthy process involving five High Court judgements that have all said that the British government need to provide an independent human rights compliant lawful investigation into the murder of Sean Brown," said Mark.
"The court has said on several occasion that the best way for the British government to discharge that legal obligation is by way of a public inquiry. The British government have challenged the courts and they have lost on appeal and they have lost at the Court of Appeal.
"The court of appeal provided a four week window for the Secretary of State to reflect on all of these judgements in a considered way and to give him the space to come back to say, well I’ve now heard all of these judgements and we will honour and we will accept the courts’ judgements. What instead Hilary Benn did just the other day was he released his position that he is not going to accept the courts’ rulings and that he is going to challenge it to the Supreme Court in London.”
Last month outside the Court of Appeal in Belfast, Bridie Brown made a direct appeal to Secretary of State Hilary Benn.
“Five judges have told you what to do," she said. "Do the right thing and please don’t have me going to London.”
