A High Court judge has ordered that Northern Ireland Secretary Hilary Bean must set up a public inquiry into the killing of GAA official Sean Brown.
Mr Brown, 61, was shot dead in 1997 after being kidnapped by loyalists near Randles Town in County Antrim.
Mr Justice Humphreys was forced to set up an inquiry into the UK government’s human rights abuses to fully investigate state complicity in the May 1997 killings.
Challenging the judicial review on behalf of the victim’s 87-year-old widow Brady Brown, she said there was a “clear and unambiguous obligation” to establish a statutory inquiry.
“No viable alternative to a public inquiry has been presented,” the judge affirmed.
“In these circumstances, there can be only one legal response, a public inquiry must be convened to meet the State’s Article 2 obligation.”
BBC News NI has contacted the Northern Ireland office for comment.
However, Govt This request was rejected.
Bannon said he had “confidence in the ability of the Independent Commissioner for Reconciliation and Information Recovery (ICRIR) to deliver justice”.
According to Mrs Brown, the decision to refuse a public inquiry into her husband’s murder violated Article 2 of the European Convention on Human Rights.
His lawyers argued that this was the only reasonable way to expose the full truth of state involvement and the level of protection afforded to the killers.
Barrister Desmond Fahy, QC, accepted there was little chance of anyone being convicted of murder.
But even though he has escaped accountability, he insisted his motives must still be examined.
‘Disappointed with the state at every turn’
Counsel for the government argued that the challenge involved intrusion into the separate role of the government.
He insisted that the Secretary of State retained the power to set up a public inquiry.
“Previous efforts to investigate this death were wholly inadequate,” Mr Justice Humphreys said.
“The investigation process was frustrated at every turn by the state’s failure to comply with statutory disclosure obligations.
“These failings were so serious that they led the coroner to question whether the non-compliance was part of a deliberate attempt to prevent the inquest from finding the truth.”
Admitting that this was an unusual and unusual step, the judge concluded that it was fully justified by the legal principles and facts surrounding murder.
He said that after 27 years, Britain has clearly failed to investigate the murder of Sen. Brown in which state agents were allegedly involved.
“An 87-year-old widow does not know how, why or who killed her husband.”
He confirmed: “I therefore issue an order of mandamus to compel the Secretary of State for Northern Ireland to hold a public inquiry under the Inquiries Act 2005 into the death of Sean Brown on 12 May 1997.”
‘Unimaginable Obstacles’
SDLP Mid Ulster MLA Patsy McGlone welcomed Tuesday’s decision.
He said it would be a “very emotional day” for Sean Brown’s family, who he said had “overcame unimaginable obstacles just to get the answers they deserve.” “.
“Sean was held in the highest regard in our community and I know everyone will be thinking of the Brown family today.”
He demanded the Secretary of State to bring out a public inquiry as soon as possible.