Family of murdered GAA official to continue legal battle for public inquiry
GAA
official Seán Brown have said they will take their fight for a public inquiry to the supreme court after it was again ruled out by the
UK
government.
In a letter to Mr Brown's 87-year-old widow, Bridie, seen by The Irish Times, Northern Secretary,
Hilary Benn
said 'an inquiry under the Inquiries Act is not the best way to proceed'.
A mandatory order given
by the court of appeal
in Belfast earlier this year found the UK government breached its human rights obligation to investigate the full extent of state collusion in the case and its refusal to order a public inquiry into Mr Brown's murder was unlawful and 'cannot stand'.
Mr Benn has sought leave to challenge the court of appeal judgment in the supreme court, and a decision is pending.
READ MORE
[
Seán Brown family say decision to challenge inquiry ruling 'shameful'
Opens in new window
]
In a statement, the Brown family said 'this formal decision to appeal our case to the supreme court in London is a shameless defiance of the rule of law and represents utter contempt for the highest court in this jurisdiction.
'Our mother directly pleaded with Hilary Benn not to trail her to London, we asked him to respect the court and to do what the courts had directed him to do.
'We will regroup and regalvanise and will contest our family's entitlement to a public inquiry, as directed by five judges.'
Mr Brown, a father of six, was locking the gates at Bellaghy Wolfe Tones GAA club in Co Derry when he was abducted and murdered by loyalist paramilitaries in 1997. No one has ever been convicted of the 61-year-old's killing.
Last year it emerged that up to 25 people, some of whom were state agents, were linked through intelligence to the murder.
In his letter to Mrs Brown, the Northern Secretary acknowledged he 'cannot, of course, now act on any decision that is inconsistent with the mandatory order of the court of appeal' but said he had 'considered what my preferred course of action would be, in the absence of a mandatory order'.
He said he had 'weighed again a number of factors', including the views of the Brown family and that of many court judgments, 'important public interest factors' and issues of time and cost.
'I am committed to a process that is fair, transparent and – crucially – allows the greatest possible disclosure of information, whilst ensuring that proportionate safeguards remain in place to protect the security of the State,' he wrote.
Mr Benn said reforms he intended to bring forward meant the Independent Commission for Reconciliation and Information Recovery (ICRIR) – the investigative body set up under the UK government's controversial Legacy Act – would be able to 'complete the full and independent investigation that you seek, in a form comparable to the 2005 Inquiries Act'.
This was rejected by the Brown family, which said recent news reports 'that the ICRIR is an organisation stacked with former RUC and soldiers further confirms our sincere belief that the ICRIR is infrastructurally prohibited from being able to get to the truth of what happened to our father.
'Despite this, the secretary of state has yet again proposed that we engage with this discredited body.'
The solicitor for the Brown family, Niall Murphy, said that 'in once again refusing to convene a public inquiry the secretary of state has refused to take account of the widespread public revulsion at the failure to provide the answers the Brown family has been asking for more than 28 years.
'Equally significantly, the secretary of state continues to defy the judicial decisions of the coroner, the judicial review court and the court of appeal, the highest court in this jurisdiction.
'Despite all its public pronouncements, this Labour government by its actions continues to demonstrate that it does not recognise or believe in the rule of law, their treatment of the Brown family has been contemptible.
'By contrast, the Brown family are now ready and determined to vindicate their rights in the supreme court, the highest court of law in the UK,' he said.
Following a meeting with the Brown family last month, the Tánaiste,
Simon Harris
, praised their 'enormous strength in pursuing this case' and said he would 'continue to use my influence and that of the Irish Government to bring about a resolution that is acceptable to the Brown family. They have waited too long,' he said.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Irish Times
3 hours ago
- Irish Times
The Irish Times view on rules for immigration: a case of more haste meaning less speed
The Irish Human Rights and Equality Commission (IHREC) has put the Government on notice that parts of its flagship immigration legislation breach fundamental rights and may well end up being challenged in the Irish and European Courts. The International Protection Bill 2025 will give effect to the EU Migration and Asylum Pact which seeks to align asylum practices across the EU by next June. The process by which applicants for international protection are assessed and adjudicated and, if necessary, removed from the State will be simplified with the objective of giving a decision – including appeal – within two to six months, depending on an applicant's circumstances. The procedure currently averages 18 months. The dysfunctional nature of the current system – and the opportunity provided to reset it by the EU Migration and Asylum Pact – is acknowledged by the IHREC. But it is equally clear that many of the proposed measures may not comply with the EU Charter on Fundamental Rights. READ MORE It has identified several issues of concern in the proposed legislation, in particular the right of applicants to free legal advice, which will now only be available at the appeal stage. It has also flagged a lack of clarity in relation to how the age of minors will be determined if this is disputed. It has also raised concerns about the rights of applicants with no identification who are covered by the UN Refugee Convention to which Ireland is a signatory, but which is not yet incorporated into national law. The common theme to these and the other issues raised by the IHREC is that the Government's rush to get the International Protection Bill enacted in time to meet the deadline for the introduction of the EU pact may be counterproductive if it leaves it open to numerous legal challenges, either from the commission or others. It notes that effective scrutiny of legislation by the Oireachtas – which appears difficult under the current timelines – could go a long way to heading off challenges . A case of the more haste the less speed.
Irish Times
8 hours ago
- Irish Times
UK set up secret Afghan immigration scheme after data leak
The UK government set up a secret multibillion-pound scheme to relocate thousands of Afghans to Britain after a data leak put them at risk of reprisals from the Taliban – and gagged the media with a super-injunction. The names, contact information and other personal details of about 25,000 Afghans, people who worked closely with the UK before the Taliban seized power and some of their family members, were accidentally disclosed by a British soldier in emails in February 2022. The leak of the vast, highly sensitive database was not discovered until August 2023 when it was mentioned in a Facebook group. About 100,000 people were put at risk, the government estimated, when wider family members were included. It also contained email addresses belonging to UK government officials. In response, ministers in Rishi Sunak's former Conservative government instituted a secret scheme to bring Afghans to the UK. READ MORE [ International Criminal Court issues arrest warrants for Taliban leaders over persecution of women Opens in new window ] The plan as recently as February this year, under Keir Starmer's current Labour administration, was to relocate 25,000 people, at a potential cost of £7 billion (€8 billion), according to a government estimate. 'The current policy response to the [data] incident will mean relocating circa 25,000 Afghans, who have previously been found ineligible for the [Afghan Relocations and Assistance Policy] scheme, but who we assess to be at the highest risk of targeting by the Taliban should they have access to the database. This will mean relocating more Afghans to the UK than have been relocated under the ARAP scheme, at time when the UK's immigration and asylum system is under significant strain. This will extend the scheme for another 5 years at a cost of [about] £7 billion. Implementation of the policy has also required unprecedented legal action, in the form of the 'super injunction' that has consequences for scrutiny and transparency.' In recent weeks, as the High Court in London took steps towards lifting the veil on the affair, the government cut short the scheme. British intelligence had previously assessed that the breach had put the Afghans at risk of murder, torture, harassment and intimidation by the Taliban. The UK's ministry of defence said this month that a new review of threats in Afghanistan had found the risk to Afghans still in the country was less than previously thought. Despite the £7 billion estimate revealed in court proceedings, MoD officials said this week that the direct costs of the leak had only ever been estimated at about £2 billion (€2.3 billion), and that the bill for the covert evacuations would now be much lower because the number of eligible Afghans had been reduced. The revelations come at a time when Britain's public finances are under heavy strain and the anti-immigration Reform UK opposition party is leading the country's main establishment parties in the polls. The High Court has been told that civil servants have warned of the risk of 'public disorder' in reaction to news of the secret relocation plan, which comes a year after far-right riots last summer. To date, the UK government has moved about 18,500 Afghans affected by the data breach to Britain. The MoD said most were already eligible under an existing route. Officials said just 5,500 people were relocated directly because of the breach, with at least a further 2,400 due to come. Defence secretary John Healey is expected to announce he is closing the secret scheme – known as the Afghan Response Route – to new applicants in a statement to the House of Commons on Tuesday. Earlier this month, the government also abruptly closed the public schemes – known as the Afghan Relocations and Assistance Policy (Arap) and Afghan Citizens Resettlement Scheme. The events can be reported for the first time after the UK's high court on Tuesday lifted an unparalleled global gagging order that has silenced the press since September 2023. The super-injunction was the first ever to be obtained by the British government. But a fresh interim injunction granted by the High Court until at least next week means that even now crucial details that explain the severity of the incident cannot be published. The database was a detailed record of individuals who had applied – in most cases unsuccessfully – under the public Arap scheme, which offered relocation to the UK for those at risk of reprisals after they worked for or alongside the UK before the Taliban retook power. UK combat operations ended in Afghanistan in 2014 after 13 years, but British troops remained until a chaotic western withdrawal in 2021 that allowed the Taliban's return. The UK government did not discover the leak until an anonymous person posted screenshots of the spreadsheet on Facebook in August 2023 and threatened to disclose the entire database. One of the people familiar with the breach said the database had been sold, at least once, for a five-figure sum. They said that one of the Afghan recipients used their possession of the database as leverage to pressure the government to relocate themselves and 14 family members to the UK. The identity of the soldier, or whether they have been sanctioned, has not been revealed by the MoD. The department has not successfully contained the leak and it is not known whether the Taliban has obtained the list. More than 665 Afghans have started a collective legal action to sue the MoD over the data breach, seeking at least £50,000 each (€57,600), with the potential for thousands more people to join the lawsuit once they learn of the incident and their potential exposure. – Copyright The Financial Times Limited 2025.
The Irish Sun
13 hours ago
- The Irish Sun
OAP Brit, 69, arrested for ‘smuggling £350k-worth of drugs into Spain in secret hidden compartment in lining of his car'
A BRIT OAP has been caught allegedly trying to smuggle more than 60 kilos of cannabis onto a Spanish car ferry. The 69-year-old was detained after police found the drug in his car as he prepared to board the vessel at Spain's North African enclave of Ceuta. Advertisement 7 The Brit, who has not been named, was arrested around 6pm on Sunday Credit: Civil Guard 7 The cannabis is believed to be worth an estimated £350,000 Credit: Civil Guard 7 It was allegedly hidden in a "secret compartment" in his car Credit: Solarpix Cops say the cannabis resin was hidden in a "secret compartment" on the top of his UK-plated vehicle. They became suspicious after seeing the Just over 62 kilos of the drug was allegedly found in packages marked with names such as Dream Gelato and Serial Milk. The cannabis is believed to be worth an estimated £350,000. Advertisement read more in world news The Brit, who has not been named, was arrested around 6pm on Sunday. It is not clear what his final destination was. He is currently being held in police custody and is expected to appear before a judge for an initial court hearing in the coming hours. A spokesman for the Civil Guard in Ceuta said yesterday: "Around 6pm on Sunday officers from the First Fiscal and Border Company, along with colleagues from Ceuta's Cynological Group who inspect vehicles preparing to embark on ferries heading to Algeciras, carried out a check on a UK-plated vehicle with a specialist sniffer dog that indicated the possibility there were drugs inside. Advertisement Most read in The Sun "A full check on the areas the specialist dog had marked as possible hiding places for the drugs subsequently took place. "A total of 62.3 kilos of cannabis resin was discovered in a secret compartment in the roof of the vehicle. Brit drug mule moans 'I'm depressed' as he faces years in hellhole jail after smuggling 'iPhone' in weight of cocaine "The driver, a British man born in 1956 who was registered as a UK resident, was subsequently arrested. "The suspect will now go before a court in Ceuta as the suspected author of a crime of drug trafficking. Advertisement "The drugs have been seized and handed over to a central government delegation and the vehicle is now under the supervision of the courts ." The Brit is believed to have been travelling alone when he was detained. 7 Just over 62 kilos of the drug was allegedly found in packages Credit: Civil Guard 7 Cops found the alleged items in a secret compartment Credit: Solarpix Advertisement It is not known what make of vehicle he was driving. The arrest is just one a series of similar incidents reported around the world in recent weeks. A 79-year-old British pensioner was arrested at a Chilean airport with £200,000 of powerful crystal meth back in May. He is currently being held in prison in the south American country after being arrested at Santiago International Airport. Advertisement Elsewhere, a 27-year-old British man was arrested at Lanzarote airport after four kilos of marijuana buds worth more than £6,000 was allegedly discovered in his luggage. Cops said the luggage had an "unusually low weight for its size and was giving off a strong smell." The unnamed man has already appeared in court but it was not clear today whether he had been remanded in custody or released on bail. Back in May, Bella Culley was arrested in Advertisement She has If found guilty, she could face between 20 years in jail and a life term. 7 The Brit is believed to have been travelling alone when he was detained Credit: Civil Guard 7 The arrest is just one a series of similar incidents reported around the world in recent weeks Credit: Civil Guard Advertisement
