19/01/2004

O'Loan finds Brown murder investigation 'incomplete and inadequate'

Police Ombudsman Nuala O'Loan has concluded that the RUC investigation of the murder of 61-year-old Sean Brown from Bellaghy, Co Londonderry, in 1997 was "incomplete and inadequate".

In a statement issued today, the Police Ombudsman concluded that while it was clear the RUC officers investigating the murder did not get full co-operation from the community, there were "significant failures in the investigation".

However, the Police Ombudsman found no evidence of police collusion in the murder.

Abducted from outside a GAA club in Bellaghy, Co Londonrerry, sometime after 11.30pm on May 12 1997, Mr Brown was driven in the boot of his car to a location just off the Old Moneynick Road near Randalstown. Shot six times, his body was found next to his car, which had been set alight.

Considered by police to be a sectarian attack, a full-scale murder investigation was launched and and number of arrests ensued. But the Senior Investigating Officer believed there was insufficient evidence to prosecute anyone in the case and in July 1998 the investigation was closed, "pending new information".

The Police Ombudsman upheld two complaints from Mr Brown's family that the investigation into his death had not been "efficiently and properly carried out" and that "no earnest effort was made to identify those who carried out the murder".

The statement partially upheld the family's complaint that the police failed to update them about developments in the investigation. It concluded that the Brown family was not properly kept informed of decisions in the case but also noted that they had asked police officers not to visit their home and declined liaison in 2002.

The report raised several "causes for concern" in areas including: the collection of and testing of certain forensic samples such as cigarette butts; and incomplete police inquiries at the scene where the body was discovered.

She said a crucial file that was in existence when the Brown family had complained to her and that went missing when the investigation started had seriously impeded her investigation.

Mrs O'Loan consequently recommended: a full Independent Review into the murder; a commitment to carry out the recommendations of that Review; and that the Brown family be kept informed of all developments.

She further recommended that the Review be linked with the investigation of two others murders in which the same or a similar weapon was used.

Earlier a statement made earlier today, the PSNI Chief Constable said there would be a full reinvestigation of the murder.

Mrs O'Loan recommended that the Chief Constable pay the Brown family the maximum amount permitted under the Police (NI) Act 1988 in recognition of the distress caused.

(SP)

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