Judgment reserved in appeal over Sean Brown murder inquiry

The UK Supreme Court has reserved judgment in an attempt by the government to overturn a ruling which ordered a public inquiry into the murder of Gaelic Athletic Association (GAA) official Sean Brown.

Brown, 61, was abducted in Bellaghy, County Londonderry, and shot by the Loyalist Volunteer Force (LVF) in 1997.

Intelligence material has since linked state agents to his murder.

The hearing in London lasted almost five hours, after which the court said it would deliver a judgement as soon as it could.

Five Supreme Court judges heard the case, which was brought by the Northern Ireland Secretary Sir Chris Bryant.

The government has argued that Brown's murder should be examined by a Troubles Legacy Commission rather than by a court-ordered public inquiry.

It said its Northern Ireland Troubles Bill allows for a "reformed Legacy Commission with the ability to conduct Inquisitorial Proceedings, presided over by a judge, in cases such as this".

In May, the Supreme Court ruled in another case that the commission, which investigates deaths related to the Troubles, was capable of delivering an investigation which did not diminish victim's rights.

At Tuesday's hearing, Sir James Eadie KC, for the Northern Ireland secretary, said the decision of the Court of Appeal in Belfast to compel a public inquiry had been made on the same basis that the Supreme Court had found to be in error in May.

He said: "That should be the end of this appeal."

Sir James said there was nothing about the case which should have caused the courts to "overstep the normal constitutional boundaries and, for the first time in any court anywhere in the UK, order that the executive establish a public inquiry".

In written submissions, Des Fahy KC, for Brown's widow Bridie, said: "The murder of Sean Brown was initially attributed to the LVF.

"It is now clear that state agents were involved."

He added the "exceptional circumstances of the murder and the failed state investigations that followed" justified the Court of Appeal's ruling despite the recent decision of the Supreme Court.

He argued that an investigation by the Legacy Commission would lead to information being kept from the family and public "under the guise of national security".

Members of the Brown family attended Tuesday's hearing.

The case has been the subject of repeated legal battles since 2024.

Last year, the Court of Appeal in Belfast upheld a ruling ordering a public inquiry and found the government's refusal to establish one was unlawful.

The government has challenged that judgment on multiple grounds.

It accepts there has not been a proper investigation into the murder but it is at loggerheads with the Brown family over how the matter is remedied.

The government has argued the case can be dealt with by the Independent Commission for Reconciliation and Information Recovery (ICRIR), once it undergoes reform and becomes the Legacy Commission.

Brown's family want a public inquiry and are supported by the Irish government, Sinn Féin and the Social Democratic and Labour Party (SDLP).

Claire Loughran, one of Brown's daughters, said it was "extremely frustrating" to be back in court on Tuesday.

"We thought whenever we had the judgment of five different High Court judges to say that a public inquiry was the only way to fully investigate and independently investigate my father's murder, we thought that was it... but unfortunately the secretary of state thought otherwise," she said.

"I was 19 whenever my father died so I feel like it's been my whole adult life that I've been trying to fight this and its been incredibly difficult.

"They have five of these public interest immunity certificates to say that there is sensitive information around his death and we just want to find out what's in that information."

Loughran said the Northern Ireland secretary has the ability "to right the wrongs of his predecessors".

Brown was locking the gates of Bellaghy Wolfe Tones GAA club when he was kidnapped.

He was driven ten 10 miles (16km) in the boot of his car to Randalstown, County Antrim, where he was found shot six times in the head.

No-one has ever been charged or convicted in relation to the murder.

A review of the murder investigation by the Police Ombudsman found it was "incomplete and inadequate".

Sinn Féin MP John Finucane said the treatment of Brown's widow Bridie and her family has been "nothing short of disgraceful".

"Rather than supporting the Brown family in their pursuit of truth and justice, the British government has fought them every step of the way," he added.

"Bridie and her family deserve truth, accountability and justice for Sean.

"Sinn Féin will continue to stand with Bridie and the Brown family and every other family seeking truth and justice for their loved ones."