Government to challenge Sean Brown public inquiry ruling

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.

Niall Murphy, a solicitor representing the Brown family, said he was "disgusted at the disgraceful attempt by the NIO (Northern Ireland Office) to spin this appalling decision".

Mr Brown was shot dead by the LVF in 1997 after being abducted outside a GAA club in Bellaghy, County Londonderry.

Intelligence material has linked state agents to the 61-year-old's death.

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".

Mr Murphy said there was nothing left for the NI secretary to consider.

"We don't need another day, never mind four weeks, it's a public inquiry, do what the courts have told you to do or continue your declared state of illegality," he told BBC News NI's Evening Extra.

"This is another delaying tactic wholly in line and consistent with 28 years of delay to date.

"Do we live in a jurisdiction where the rule of law is to be respected or do we live in a jurisdiction where the government will thumb its nose at decisions of the court?"

First Minister Michelle O'Neill described the government's decision as "cruel and inhumane".

The Sinn Féin deputy leader said it was "just the latest example of British government political cynicism".

"It is an affront to the basic principles of truth and justice that Keir Starmer's government is threatening to once again drag Bridie Brown and her family back to court," she said.

Social Democratic and Labour Party leader Claire Hanna described the government's decision as "appalling".

"Sean's widow Bridie is 87 years of age and it is heartbreaking what she and the whole Brown family have been through to get answers around their beloved husband and father's death," she said.

A spokesperson for the Tánaiste (Irish Deputy Prime Minister) Simon Harris said he would continue to raise the Brown case in engagements with the UK government.

The spokesperson said: "As the Tánaiste said to the Secretary of State in private last week and again in their joint press conference, the Brown family have waited too long to find out the truth of what happened to Sean Brown.

"We are approaching the 28th anniversary of his murder.

"In the absence of an effective investigation into his death – which the UK government agrees has not yet taken place – the passage of time makes this increasingly pressing.

"Bridie Brown has shown enormous strength in pursuing this case through every available channel."

This decision by the government means one thing: more delay.

For the Northern Ireland secretary it buys time as Hilary Benn considers the few options still at his disposal.

For the Brown family it means that the uncertainty, waiting and fighting their case goes on.

Other families involved in a small number of legacy cases have been watching closely as the final decision in this case could have wider implications.

There will also be political pushback to today's move on both sides of the Irish border.

Michelle O'Neill has already written directly to Prime Minister Sir Keir Starmer to plead the Brown family's case, while in Dublin the Irish government also thinks they have waited too long for an inquiry.

That wait is set to endure.

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."