SEAN’S INQUEST IS ABORTED OVER WITHHELD FILES
»»Coroner seeks public inquiry to probe »»Judge reveals redacted material hampering probe
A CORONER urged the Government to order a public inquiry into the murder of a GAA official after ruling an inquest cannot proceed due to the withholding of sensitive files.
Mr Justice Kinney said his ability to examine the death of Sean Brown had been “compromised” by the extent of confidential State material being excluded from the proceedings on national security grounds.
Announcing the Public Interest Immunity ruling in Belfast, he added he will be writing to Secretary of State Chris Heaton-harris, calling on the Government to establish a probe.
Mr Brown, who was 61, was abducted and killed by loyalist paramilitaries as he locked the gates at Bellaghy Wolfe Tones Club in Co Derry in May 1997.
Mr Justice Kinney’s ruling yesterday comes after the Security Service, Ministry of Defence and PSNI applied for multiple redactions on sensitive files related to the murder.
Preliminary inquest proceedings have already heard in excess of 25 people have been linked by intelligence to the murder, including State agents.
It has also been alleged in court that surveillance of a suspect in the murder was temporarily stopped on the evening of the killing, only to resume again the following morning.
No one has been convicted of Mr Brown’s murder.
During his PII ruling, Mr Justice Kinney criticised the way the State parties had handled the disclosure process, branding repeated delays “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 of Mr Brown’s death.
He added: “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.”
The coroner said he is unable to make a “proper
The inquest process as it stands cannot provide what you desire or deserve
MR JUSTICE KINNEY TO THE BROWN FAMILY YESTERDAY
analysis” of the material that has been redacted as a result of the PII process. He added: “In those circumstances, and with considerable regret, I have concluded that I cannot continue with this inquest.
“To do so would inevitably result in an inquest that would be
incomplete, inadequate, and misleading.”
Mr Justice Kinney acknowledged his decision would cause
“further pain and anguish” for Mr Brown’s family.
The coroner said he expected a reply from the Government on his request for a public inquiry within four weeks.
He added Mr Brown was an “entirely innocent man” who was subject to a “planned execution” by LVF gunmen. He said: “His murder was senseless.” The coroner added he could not provide a satisfactory answer to the family’s question as to why Mr Brown was murdered. Praising their long fight for justice, Mr Justice Kinney said: “The inquest process as it stands cannot provide what you desire or deserve.”
The High Court gallery iwas packed with the Brown family and supporters, including GAA officials.
Barrister for the Brown family Des Fahy KC said, while they did not want the inquest to stop, they accept the ruling.
He added the family’s reaction was a mixture of “sadness and anger”.
Outside court Mr Brown’s daughter Siobhan welcomed the coroner’s call and said revelations State agents were linked to the murder
were “devastating”.