UK government seeks to appeal ruling over Brown inquiry

written by TheFeedWired

The British government has lodged papers seeking permission of the UK Supreme Court to appeal an order mandating a public inquiry into the murder of GAA chairman Sean Brown. The Supreme Court has now listed the case on its website. The British government applied for what is known as Permission to Appeal or PTA.

It is seeking to overturn an order of the Belfast High Court that it must hold a public inquiry into Mr Brown's murder. That order was reaffirmed by Northern Ireland's Court of Appeal when the case was first appealed there. Mr Brown was abducted and murdered by loyalists as he locked up Bellaghy Wolfe Tones GAA club in 1997.

A now discontinued inquest heard that several British state agents were among 25 people linked by intelligence to his killing. The Belfast courts ruled that with the shutting down of criminal and civil avenues to justice for Troubles cases by the controversial UK Legacy Act, a public inquiry was the only way for the British authorities to comply with its responsibility to provide a proper investigation into the murder. The Brown family will now get an opportunity to object to the granting of a hearing at the Supreme Court.

A decision on whether to accept the case is expected in around four months. If permission to take the case to the Supreme Court is granted, the hearing is likely to be some six to nine months later. In a statement, Northern Ireland Secretary Hilary Benn said: "I have, on behalf of the government, sought permission to appeal to the Supreme Court because the Brown judgment raises matters of constitutional significance that go beyond this individual case.

"I have previously said I would carefully consider and respond to the Northern Ireland Court of Appeal judgment in early June, and I intend to do so. "As I have said before, I want there to be a full, independent, and thorough investigation into Mr Brown's death that is compliant with our human rights obligations. "I wish to underline again that our actions will not delay the government's determination to repeal and replace the Legacy Act, and to implement mechanisms that are ECHR compliant and can command confidence across communities."

Earlier this month, thousands of GAA members attended a rally in Bellaghy in support of the Brown family's campaign for a public inquiry.

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