Affidavit sworn by Peter Madden

IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND

QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)

IN THE MATTER OF AN APPLICATION BY GERALDINE FINUCANE FOR LEAVE TO APPLY FOR JUDICIAL REVIEW AND IN THE MATTER OF DECISIONS OF THE SECRETARY OF STATE FOR NORTHERN IRELAND

 

I Peter Madden, solicitor, of Madden & Finucane, Solicitors, 88 Castle Street, Belfast BT1 1HE, aged eighteen years and upwards make oath and say as follows:

  1. I am a partner in the above named law firm with carriage of the applicant’s case. I am duly authorised to file this affidavit on her behalf.
  2. The applicant’s husband, Patrick Finucane, was murdered on 12th February 1989. The Ulster Freedom Fighters subsequently claimed responsibility for the murder.
  3. On 1st July 2003 the European Court of Human Rights delivered judgment in the applicant’s case against the United Kingdom in respect of the investigation into her husband’s murder. I beg to refer to a copy of said judgment attached hereto and marked with my initials “PM1”
  4. On 24th October 2001, as a result of the multi-party talks in Weston Park, the government announced in Parliament that a judge of international standing would be appointed to investigate allegations of security force collusion in loyalist paramilitary killings, including that of Patrick Finucane, with a view to recommending whether or not public inquiries should be held into any of the killings. I beg to refer to a copy of the Weston Park proposals attached hereto and upon which I have marked my initials “PM2”
  5. Appointment of the former Canadian Supreme Court judge Justice Peter Cory was announced by the government on May 29 2002. I beg to refer to a copy of his terms of reference attached hereto and upon which I have marked my initials “PM3”
  6. He delivered his report into the killing of Patrick Finucane to the Secretary of State for Northern Ireland on 7th October 2003. The other three reports into the deaths of Rosemary Nelson, Robert Hamill and Billy Wright were also delivered to the Secretary of State at this time. On the same day Judge Cory delivered his reports into the murders of Chief Superintendent Breen and Superintendent Buchanan and Lord Justice and Lady Gibson to the Irish Government.
  7. On 1st December 2003 I wrote to the Secretary of State requesting, inter alia, publication of the report. I beg to refer to a copy of said letter and the reply received attached hereto and upon which I have marked my initials “PM4”
  8. On 18th December 2003 the Irish government published the reports concerning the murders of Chief Superintendent Breen and Superintendent Buchanan and Lord Justice and Lady Gibson and announced its intention to hold, as recommended, a public inquiry into the former case.

Save as where otherwise appears I depose to the foregoing from my own personal knowledge and belief

Sworn at
in the County of
this day of 2004
Before me a Solicitor Empowered to
Administer Oaths in Northern Ireland

This Affidavit is filed on behalf of the Applicant by Madden & Finucane, Solicitors, 88 Castle Street, Belfast, BT1 1HE