The British government was accused yesterday of adding to the grief of the family of murdered solicitor Pat Finucane by delaying publication of Judge Peter Cory's report into allegations of collusion between loyalist paramilitaries and security forces in his killing.
The allegation was made in the High Court in Belfast by a lawyer for Mr Finucane's widow Geraldine who was granted leave to apply for a judicial review of the Secretary of State Paul Murphy's refusal to publish the report.
Mrs Finucane, who was injured when UFF gunmen murdered her husband in the family home in Belfast on February 12, 1989, is also seeking an order compelling Mr Murphy to indicate the report's recommendations and to declare her entitlement to see the report.
Judge Cory, retired from the Canadian Supreme Court, personally contacted the Finucane family, and the families of murder victims Rosemary Nelson, Robert Hamill and Billy Wright. He told them he had recommended that inquiries should be held into all four cases.
Séamus Treacy, QC, said the British government's "unconscionable delay" in publication of the report and its recommendations had undermined pubic confidence in the administration of justice.
He said it had also led to the loss of vital evidence following the murder of William Stobie and the reported death of Brian Nelson, whom he described as "another central character." Mr Treacy said the British Government's stance was in stark contrast to the Irish government's decision to publish Judge Cory's reports concerning the murders of Chief Supt Breen, Supt Buchanan and Lord Justice and Lady Gibson.
"It also stands in stark contrast to the decision of Judge Cory himself who was driven to contact the families of those affected by his report to inform them that he had recommended public inquiries," said Mr Treacy.
"He told Michael Finucane, Pat Finucane's son, that he did not think it fair to make the families wait any longer to learn of his recommendation that there should be public inquiries. The approach of the British government to publication of the report is in keeping with their response so far to the murder of Mr Finucane which has been found by the European Court of Human Rights to have been characterised by delay, obfuscation and a reluctance to see the truth revealed.
Declan Morgan, QC, for Mr Murphy, said it was accepted there was an obligation to publish the report, but the issue was the time frame. The Irish government had to deal with only two murders dealing with similar intelligence, whereas the British government had four reports which were longer, of greater complexity and not connected. It is not sufficient to assert there has been undue delay.
"What the court needs is evidence to persuade it to the view there has been undue delay which is potentially unlawful." He said another reason for the "period of reflection" taken by the government was the legal advice that the report could not be published at the present.
Loyalist Ken Barrett has been charged with Mr Finucane's murder, but Mr Morgan did not make specific reference to this.
Mr Justice Weatherup said an arguable case had been made that the Secretary of State had failed in his duty to publish the report and he granted leave to apply for a judicial review. The Secretary of State's legal team was given three weeks to file replying affidavits and the case was adjourned until March 1 when it is hoped to fix a date for the hearing.
Outside the court, Mr Finucane's brother Martin said he welcomed the judge's decision. "It puts increased pressure on the British government to publish the report," he said.