Today the Supreme Court has vindicated Geraldine Finucane and her family in their (to use the words in the Judgment) “relentless campaign” for justice by allowing Geraldine Finucane’s appeal. The family would like to thank the Supreme Court Justices for their careful and respectful consideration of the case.
The Court has decided that a paper review held by Sir Desmond de Silva was not an effective investigation into Pat’s murder. The Court has further decided that the Government has not complied with its obligations pursuant to Article 2 of the European Convention on Human Rights to hold an effective investigation into the murder.
Two main factors led to the Court’s conclusion. First, all investigations to date have lacked the power to subpoena witnesses and, secondly, no one has been identified as being responsible for the collusion found by previous investigations and admitted by the Government, i.e. conduct of State Agents who facilitated and furthered the murder.
The decision was unanimous. That is the end of the court process.
The only lawful decision open to the Government that can rectify this state of affairs is a decision to hold a Public Inquiry under the Inquiries Act that has the statutory power to subpoena witnesses and order the disclosure of all relevant documentation.
We look forward to working in such an Inquiry to assist in the search for the truth which is now thirty years overdue.
Peter Madden, of Madden & Finucane, the family solicitor, said after the hearing:
“Only a public examination of the relevant documentation and the questioning of the relevant witnesses by the interested parties in a judicial Public Inquiry can deliver the objective, which is to uncover the truth of what actually happened.
“I would like to thank our counsel, Barry Macdonald and Fiona Doherty for their invaluable expertise and advice over all the years of this process.”