Sean Brown: Judge rules government must set up public inquiry

Counsel for the Government argued that the challenge involved intruding into the separate role played by the government.

He insisted that the Secretary of State retains the discretion to establish public inquiries.

Mr Justice Humphreys said that “previous efforts to investigate this death have been wholly inadequate”.

“The inquest process was frustrated at every turn by the failure of the state to comply with statutory disclosure obligations.

“These failings were so egregious that it led the coroner to question whether the non-compliance was part of a deliberate effort to prevent the inquest from discovering the truth.”

Acknowledging it was an unusual and exceptional step to take, the judge concluded that it was fully justified by the legal principles and facts surrounding the killing.

“After 27 years, the United Kingdom has manifestly failed to investigate the murder of Sean Brown in which state agents were allegedly involved,” he said.

“An 87-year-old widow does not know how, why or by whom her husband was killed.”

He confirmed: “I therefore make an order of mandamus compelling the Secretary of State for Northern Ireland to cause a public inquiry to be held, under the Inquiries Act 2005, into the death of Sean Brown on May 12 1997.”