Finucane

• What is the context behind Finucane for Judicial Review (2019)?

  • In January 1989, Douglass Hogg, a govt minister made a statement that some solicitors in N.I were "unduly sympathetic to the cause of the IRA"
  • The UK govt labelled the IRA as a terrorist organisation and criminalised joining or supporting them
  • Hogg's statement was approved by Thatcher
  • 3 weeks after, Patrick Finucane, a human rights solicitor, who'd represented suspected terrorists was shot dead at home during Sunday dinner in front of his family
• Ken Barrett


  • Member of loyalist paramilitary army and pled guilty in 2004 was released 18 months later
  • Worked as an informant for the Northern Irish Police Force and worked closely with MI5
• William Stobie


  • A police informant
  • At his trial, the chief witness backed out and the trial collapsed and he was released
  • Wanted to publicly testify at an inquiry and would name the officers he worked with
  • After making this statement, he was shot and killed outside his home
• Brian Nelson


  • A paramilitary member belonging to UDA and was employed by the British Army
  • Chose targets of assassinations and Finucane
  • British Army encouraged his course of action
  • Died in 2003 in witness protection
• Who were the three suspects of Finucane's murder?

  Brian Nelson, William Stobie and Ken Barrett
• What did Sir John Stevens find in his inquiry in 1999?

  • Found collusion between the British state and Loyalist paramilitaries involved in Finucane's murder
  • Found collaboration between the Ulster Defence Association (UDA), the Royal Ulster Constabulary (RUC), and the Force Research Unit (FRU)
• Peter Cory's Inquiry


  • Cory was a retired Canadian judge who investigated accusations of collusion in 2001
  • Suggested a public inquiry be set up in 2004 but this only happened in 2012
  • MI5 wiped all the computer hard drives of the Cory inquiry "in the interest of national security"
• Sir Desmond da Silva's Inquiry

  • In 2012, he reviewed the available evidence
  • Found extensive evidence of state collaboration with loyalist gunmen incl. selection of targets
• What was revealed in 2013 concerning Hogg

  • He was aware of "a systematic problem with loyalist agents" at the time of Finucane's murder
• David Cameron's comments


  Cameron apologised to the Finucane family for the "shocking levels of state collusion" into Finucane's murder
• • Finucane's family wanted an open, fair and unbiased public inquiry
  • Claimed a legitimate expectation based on the assurances given by the UK government between 2004 and 2012
• What was the Supreme Court's decision regarding a public inquiry?

  • Lord Kerr found that there was a "plain and explicit undertaking that a public inquiry would take place"
  • A public inquiry didn't have to be delivered due to national security
  • In Nov 2020, Secretary of State for Northern Ireland rejected calls for an inquiry citing ongoing reviews by the PSNI despite the Chief Constable for the PSNI insisting there was no new evidence
• What criticisms are made of judicial review based on the outcome of Finucane (2019)

  • Limited scope of review - some decisions cannot be reviewed if they fall within the discretionary powers of the executive
  • Lack of accountability
  • Exhaustion of remedies - this requirement can be time-consuming and costly, deterring some individuals from pursuing judicial review