Judge rules government must set up Shawn Brown investigation

A High Court judge has ordered Northern Ireland Secretary Hilary Benn to hold a public inquiry into the murder of GAA officer Sean Browne.

Mr Brown, 61, was shot dead near Randalstown in County Antrim in 1997 after being kidnapped by loyalists.

Mr Justice Humphreys felt compelled to set up an inquiry after finding that the UK government was in breach of its human rights duty to investigate the full extent of state complicity in the May 1997 murder.

Acknowledging a judicial review challenge by the victim’s 87-year-old widow Bridie Brown, he said there was a “clear and unambiguous obligation” to set up a statutory inquiry.

The judge confirmed, “No viable alternative to a public inquiry has been put forward.”

“In these circumstances, there can be only one legitimate answer, a public inquiry must be convened to fulfill the State’s Article 2 obligation.”

First Minister Michelle O’Neill has urged the government to accept the court’s decision.

BBC News NI has contacted the Northern Ireland Office for comment.

However, the government This request was rejected,

Benn said he had “confidence in the ability of the Independent Commissioner for Reconciliation and Information Retrieval (ICRIR) to deliver justice”.

According to Mrs Brown, the decision to refuse a public inquiry into her husband’s murder is a breach of Article 2 of the European Convention on Human Rights.

His lawyers argued that this was the only plausible way to uncover the full truth of state involvement and the level of security given to the killers.

Barrister Desmond Fahy Casey admitted that the chances of anyone being convicted of the murder “have vanished”.

But even if they escaped accountability, he stressed that the causes should still be investigated.

Government counsel argued that the challenge involved interference with the separate role played by the government.

He stressed that the Secretary of State retains the discretion to set up a public inquiry.

Mr Justice Humphreys said that “previous efforts to investigate this death have been grossly inadequate”.

“The investigation process failed at every turn due to the State’s failure to comply with statutory disclosure obligations.

“These failings were so serious that it led the coroner to question whether the non-compliance was part of a deliberate attempt to prevent the investigation from discovering the truth.”

While acknowledging that this was an unusual and extraordinary step, the judge concluded that it was fully justified by the legal principles and facts surrounding the murder.

He said, “After 27 years, the United Kingdom has clearly failed to investigate the murder of Shawn Brown, in which state agents were allegedly involved.”

“87-year-old widow doesn’t know how, why and who killed her husband.”

He confirmed: “I therefore order the Secretary of State for Northern Ireland to compel a public inquiry under the Inquiries Act 2005 into the death of Shaun Brown on 12 May 1997.”

The First Minister said the court’s decision was “clear” and “the British Government must accept it”.

Michelle O’Neill said that “this case cannot be delayed any further”.

“I want to commend Sean’s wife Bridie and his entire family for refusing to give up despite decades of delays and denials,” she said.

SDLP Mid Ulster MLA Patsy McGlone also welcomed Tuesday’s decision.

He said it would be an “extremely emotional day” for Shawn Brown’s family, adding that “they will have to overcome unimaginable obstacles to get the answers they deserve”.

“Sean was highly respected in our community and I know everyone will be thinking of the Brown family today.”

He called on the Secretary of State to hold a public inquiry as soon as possible.