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The family of murdered Belfast solicitor Pat Finucane has lost a Supreme Court challenge over the decision not to hold a public inquiry into his killing, but won a declaration that an effective investigation into his death has not been carried out.<\/p>\n
Mr Finucane was shot dead in front of his family in February 1989 by loyalists in an attack found to have involved collusion with the state.<\/p>\n
The 39-year-old was shot 14 times while enjoying Sunday lunch at home with his family.<\/p>\n
His widow Geraldine claimed the Government unlawfully \u201creneged\u201d on a promise to hold a public inquiry into the killing \u2013 one of the most notorious of the Troubles \u2013 when former prime minister David Cameron instead ordered an independent review.<\/p>\n
An investigation by former UN war crimes prosecutor Sir Desmond de Silva QC found \u201cshocking\u201d levels of state collusion involving the army, police and MI5, but ruled out an \u201coverarching state conspiracy\u201d.<\/p>\n
On Wednesday, just over 30 years on from her husband\u2019s murder, the Supreme Court in London ruled that Mrs Finucane had been given \u201can unequivocal undertaking to hold a public inquiry into Mr Finucane\u2019s death\u201d, but that the \u201cchange of heart on the part of the government\u201d was made in good faith.<\/p>\n
Giving the judgment of the court, Lord Kerr found that the decision not to hold a public inquiry into the murder was a matter for the Government\u2019s \u201cpolitical judgment\u201d.<\/p>\n
He also dismissed Mrs Finucane\u2019s contention that the decision was predetermined, stating: \u201cThere is simply no sustainable evidence that the process by which the decision was taken was a sham or that the outcome was predetermined.\u201d<\/p>\n
But the court also ruled that the de Silva review was not compliant with Article 2 of the European Convention on Human Rights, which required the investigation to be provided with \u201cthe means where, if they can be, suspects are identified and, if possible, brought to account\u201d.<\/p>\n
Lord Kerr declared that there has not been an effective investigation into Mr Finucane\u2019s murder, but added: \u201cIt does not follow that a public inquiry of the type which (Mrs Finucane) seeks must be ordered.<\/p>\n
\u201cIt is for the state to decide\u2026 what form of investigation, if indeed any is now feasible, is required in order to meet that requirement.\u201d<\/p>\n
At a hearing in June, Barry Macdonald QC said Mr Finucane was a victim of \u201ca policy of systemic extra-judicial execution that was as cynical and sinister as can be imagined\u201d.<\/p>\n
He told the Supreme Court that \u201cloyalist terrorist organizations were infiltrated, resourced and manipulated in order to murder individuals identified by the army and the police as suitable for assassination\u201d.<\/p>\n
Mr Macdonald said this policy was \u201cwidened\u201d to include lawyers such as Mr Finucane, who represented a number of high-profile republicans.<\/p>\n
He concluded: \u201cThe police, the army and the security service, MI5, are all implicated in a policy that entailed identifying lawyers with their clients and legitimizing them as targets for assassination.\u201d<\/p>\n
He added: \u201cIn other words, state-sponsored terrorism.\u201d<\/p>\n