UK government ordered to propose investigation into Pat Finucane
Northern Ireland’s Court of Appeal has given the UK government up to six weeks to decide how to deliver a human rights compliant investigation of the 1998 murder of Belfast solicitor Pat Finucane.
The UK Supreme Court previously ruled in February 2019 that the state had failed to deliver an Article 2 compliant investigation into the death of Mr Finucane, who was shot and killed by loyalist paramilitaries in collusion with UK security forces.
The government did not respond until December 2020, when it said it would not establish a public inquiry. That decision led to further litigation and was quashed by Northern Ireland’s High Court in December 2022.
The Court of Appeal yesterday ruled against the government in an appeal concerning two judgments in that course of litigation.
Lord Justice Horner, giving judgment on behalf of the court, said he was giving the government three weeks from the date of his judgment to agree with Mr Finucane’s widow an Article 2 compliant process for investigation of his death.
“In the absence of agreement the parties have a further three weeks to submit their own proposal as to how such an article 2 compliant investigation should be carried out,” he continued.
“The court will endeavour to select from the two choices put forward by the respective parties.
“In the unlikely event that the court is unable to choose either of the choices put forward, the court will reserve its position as to what the appropriate course is for the Secretary of State to take.”
Geraldine Finucane was represented by Fiona Doherty KC and Aiden McGowan BL, instructed by Madden & Finucane Solicitors.
Paul McLaughlin KC and Philip McAteer KC, instructed by the Crown Solicitor’s Office, appeared for the Secretary of State for Northern Ireland.