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Government to seek Supreme Court appeal in Sean Brown case

Brendan Hughes
BBC News NI
PA Media A group of people stand together outside a building with pillars. Some of the people are holding framed photos of a man.PA Media
The Brown family and Sinn Féin politicians welcome the court's ruling

The government has confirmed it will seek a Supreme Court appeal over a court ruling that ordered it to hold a public inquiry into the murder of a GAA official.

The statement from the Northern Ireland Office came after Appeal Court judges in Belfast affirmed an earlier High Court ruling compelling the government to hold a public inquiry.

Sean Brown was shot dead in 1997 after being abducted outside a GAA club in Bellaghy, County Londonderry.

Appeal Court judges said the final order compelling Northern Ireland Secretary Hilary Benn to establish an inquiry would come into effect on 2 June.

A group of people walking outside court. A crowd is clapping.
A crowd applauded the family as they arrived at the court in Belfast

Benn had sought more time to consider the Court of Appeal judgement made in Belfast in April.

But after hearing submissions, Lady Chief Justice Dame Siobhan Keegan said judges were "minded to finalise this case today by way of dismissing this appeal".

"We therefore are minded to affirm the order of the lower court," she said.

Getty Images A photo of Sean Brown being held up in a woman's hands. Sean Brown has dark hair and is wearing a white polo shirt. It is in a brown frame and the woman holding it up is wearing a white jumper with thin navy stripes. Only her torso and hands are visible.Getty Images
More than 25 people, including state agents, have been linked by intelligence material to the GAA official's death

The family of Mr Brown were applauded by a crowd of supporters as they arrived at the court on Friday morning.

First Minister Michelle O'Neill and Sinn Fein leader Mary Lou McDonald were among those who supported the Brown family outside court.

A spokesperson for the UK government said it intended to appeal to the Supreme Court "because this judgment and the terms of the mandatory order raise matters of constitutional significance that go beyond this individual case".

It said that would not "delay our determination to repeal and replace the Legacy Act, and to implement mechanisms that are human-rights compliant".

'The truth'

A woman is standing outside and talking to the media. She's wearing a blue jacket and has short blond hair. She's surrounded by people.
Mr Brown's daughter Clare Loughran said her family felt "vindicated"

Speaking after the court hearing, Sean Brown's daughter Clare Loughran said the family felt "relieved" and "vindicated".

She said they felt there was no alternative to a public inquiry and urged Benn to "do the right thing".

"Do not drag this out any longer," she said, promoting applause from supporters gathered outside the court.

She said Benn had another four weeks to "change his mind".

"We want this very much to be about Sean Brown, about getting to the truth," she said.

Speaking outside the court, McDonald urged Benn do "the honourable thing in convening a public inquiry".

O'Neill said the Northern Ireland secretary was "living in a fool's paradise if he thinks the Brown family are going to go away".

She said the court had been clear to "get on with it".

EPA A man with short white hair is talking to someone off-camera. He is wearing wire rim glasses, a pinstripe shirt, a red tie, and a dark-coloured jacket.EPA
The family of Sean Brown have criticised the decision made by Northern Ireland Secretary Hilary Benn

The court ruled previously that the government's refusal to hold an inquiry was unlawful.

The NI secretary had asked the Court of Appeal for more time to fully consider the judgement.

At the court hearing on Friday, a barrister for the Northern Ireland secretary said he had "asked for some additional time" to consider the Court of Appeal judgement.

Tony McGleenan KC said they were "resolutely opposing a mandatory order in this case".

He said it was "not constitutionally appropriate" for the High Court to order the government to hold a public inquiry.

Des Fahy KC, representing the Brown family, said the government's submissions were "in reality a request to the court by the secretary of state to continue to break the law".

He said a "further four-week delay in our submission allows that illegality to continue".

"The Brown family's position is as follows: if the secretary of state is going to appeal this to the Supreme Court, he should get on with it," he added.

The family's solicitor, Niall Murphy, said the family were relieved at the "strong, firm, unambiguous" order from the court to hold a public enquiry.

"The position is now crystal clear," he said.

"There must be a public inquiry in regards to the murder of Sean Brown."

Speaking at Westminster on Wednesday, Benn said he remained determined to have a "full, thorough and independent investigation" into Mr Brown's murder.

Social Democratic and Labour Party leader Claire Hanna has called the move "appalling".

PA Media Sean Brown's widow Bridie wearing a pink cardigan with gold buttons walks along flanked by her daughters Siobhan and Claire, who are both holding black and white photos of Sean Brown. Siobhan is wearing a linen jacket over a white top and black trousers, Claire is wearing a dark jacket over a pink top and black trousers. PA Media
Sean Brown's widow Bridie has previously urged the government to "do the right thing"

On Thursday, Mr Brown's daughter, Siobhan, labelled the UK government as "disgraceful" for how it informed her family about its decision to challenge the ruling.

"We were distraught at the fact that this information had been released without the family knowing in entirety," she told BBC's Good Morning Ulster programme.

"To suddenly hear it being broadcast, it's disgraceful."

Ms Brown accused the government of treating her family with disrespect and of trying to undermine them.

She referred to her 87-year-old mother Bridie's appeal to Benn last month not to make her go to London to campaign for an inquiry.

"My mother made an impassioned plea to Hilary Benn, not to take her to London, that's fallen on deaf ears, that's the route we now have to go," Siobhan Brown added.

What happened to Sean Brown?

Pacemaker The burnt-out shell of a car sits on a country lane. It is behind a slightly obscured by a wire fence. The car's bonnet is up. Pacemaker
A burnt out car where Sean Brown's body was found near Randalstown, County Antrim, in 1997

Mr Brown was locking the gates of GAA club Bellaghy Wolfe Tones when he was kidnapped by the Loyalist Volunteer Force ( 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 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."