Sean Brown was abducted and murdered in 1997
By Julian O’Neill
BBC News NI crime and justice correspondent
A coroner is to write to the Northern Ireland secretary requesting a public inquiry into the murder of GAA official Sean Brown by loyalists in 1997.
Coroner Mr Justice Patrick Kinney made his remarks at a hearing in Belfast.
He said Mr Brown’s inquest could not continue due to material being withheld on the grounds of national security.
He will request a decision within four weeks. A lawyer for Mr Brown’s family said they were saddened and angered that the inquest was being stopped.
Mr Brown, 61, was abducted in Bellaghy, County Londonderry, and shot near Randalstown in County Antrim.
He was locking the gates of GAA club Bellaghy Wolfe Tones when he was taken by the Loyalist Volunteer Force (LVF).
Last week, a court heard that more than 25 people, including state agents, have been linked by intelligence material to Mr Brown’s murder.
Mr Justice Kinney’s ruling on Monday came after state agencies applied for multiple redactions on sensitive files related to the murder.
The coroner heavily criticised how the state parties had handled the disclosure process, branding repeated delays as “deplorable and frankly inexcusable”.
He said the extent of material he had agreed to exempt from being used as evidence at the inquest meant he could not comply with his statutory duty to investigate the circumstances surrounding Mr Brown’s death.
‘Seriously compromised’
“I am satisfied that my duty to carry out a full, fair and fearless investigation into Mr Brown’s death is seriously compromised as issues of central importance to the death cannot be dealt with by the inquest process,” Mr Justice Kinney said on Monday.
“In those circumstances and with considerable regret I cannot continue with this inquest.
“To do so would inevitably result in an inquest that would be incomplete, inadequate and misleading.”
Image source, Pacemaker
Sean Brown’s body was found in a burnt-out car near Randalstown
Mr Justice Kinney said that he knew the decision “will cause further pain and anguish for the family of Mr Brown”.
“From all the information placed before me, he was an entirely innocent man who was the subject of a planned execution by LVF gunmen, whose murder was senseless,” he said.
“You have fought for truth and justice for almost three decades and I have reached my decision that the inquest cannot proceed with deep regret.”
He said a public inquiry was “the appropriate way to consider the circumstances of Mr Brown’s murder”.
Former Police Ombudsman Baroness O’Loan has previously backed the Brown family’s call for a public inquiry.
The police ombudsman examination of the case found an RUC investigation into Mr Brown’s murder was “incomplete and inadequate”.
The coroner said a public inquiry “appears to resonate” with the Northern Ireland Office (NIO) minister Steve Baker.
He told the hearing that Mr Baker “took the unusual step of adding a handwritten postscript to the PII (Public Interest Immunity) certificate, stating the extent of the redactions strengthens the case for closed proceedings.”
Closed proceedings are only available through a public inquiry.
Sean’s daughter Siobhan said it had been a long process for the family and it wasn’t the outcome they anticipated
Sean Brown’s daughter Siobhan Brown said a public inquiry was the “only option”.
Speaking outside court, she said: “When the inquest opened last March we were under the impression we were going to get somewhere with it.
“But as the months went on it became less likely that we were ever going to get to that position – here we are a year later and the coroner cannot proceed with the inquest.”
Solicitor Niall Murphy said that Monday’s judgment was one of the most “damming indictments on the concept of public justice”.
He said there had been an “affront to the concept of public justice” and that “every member of society should be terrified as to what’s gone on in this case”.
Mr Murphy added that the “only legal forum that can manage the details in this case is a public inquiry”.
“We wait with patient expectation for the secretary of state to do the right thing and to convene a public inquiry,” he said.
The public gallery was packed with members of the Brown family and supporters, including senior GAA officials, including association president Jarlath Burns.
Following Monday’s hearing, a Northern Ireland Office spokesperson said that the government “acknowledges the suffering caused by the murder of Sean Brown”.
“The secretary of state will give careful consideration to the coroner’s ruling,” the statement said.
