Courts

UK government’s failure to order inquiry into Sean Brown murder ‘cannot stand’, appeal court rules

Chief Justice has given Northern Ireland Secretary four weeks to ‘reflect’ on judgment

Bridie Brown, the widow of Sean Brown with his daughters Siobhan Brown (right) and Claire Loughran (left) outside the Royal Courts of Justice, Belfast, on Thursday. Photograph: Liam McBurney/PA
Bridie Brown, the widow of Sean Brown with his daughters Siobhan Brown (right) and Claire Loughran (left) outside the Royal Courts of Justice, Belfast, on Thursday. Photograph: Liam McBurney/PA
Thu Apr 03 2025 - 14:47

The UK government’s failure to order a public inquiry into the 1997 murder of GAA official Sean Brown is unlawful and “cannot stand”, the Court of Appeal in Belfast has ruled.

Northern Ireland’s Lady Chief Justice Dame Siobhan Keegan said she would not make a mandatory order at this point compelling Northern Ireland Secretary Hilary Benn to establish a statutory inquiry, but has instead given him four weeks to “reflect upon the judgment of the court”.

Mr Brown (61), chairman of Bellaghy Wolfe Tones GAA club in Co Derry, 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.

READ MORE

The UK government had appealed a decision by the High Court last year to order a public inquiry to be held into the murder.

[ Family of GAA official Seán Brown say decision to challenge ruling ordering inquiry into his sectarian killing ‘shameful’ ]

Delivering the judgment on Thursday, the Lady Chief Justice said: “We find the decision to refuse a public inquiry cannot stand and is unlawful and in breach of Article 2 [of the European Convention on Human Rights] obligations.”

She said an independent public investigation “must be held without further delay” to satisfy the obligations imposed by Article 2, “which all parties agree the UK government is in breach of”.

She said she would adjourn the case for four weeks to give the Northern Secretary time to consider the judgment and to confirm how he will comply with the order.

She said: “We stress there can be no further delay in this case.”

In a statement, Tánaiste Simon Harris said the decision will be welcome news to the Brown family, who have campaigned “tirelessly” for more than 27 years seeking truth.

He said he will not comment directly on the judgment, but the case underlines the “need to achieve legacy processes that command the confidence of victims and survivors” and that are “human rights compliant”.

-PA