Chair announced to lead Finucane inquiry
Sir Gary Hickinbottom has been appointed by the government to chair the inquiry into the murder of Belfast solicitor Pat Finucane.
Last September, it was announced that an independent public inquiry into the circumstances of Mr Finucane's death would be set up.
The 39-year-old was shot at his home in Belfast by loyalist paramilitaries in front of his wife and children.
Several examinations of the case have found evidence of state collusion in the killing.
The Northern Ireland Secretary Hilary Benn said that the "exceptional reason" of outstanding and unfulfilled commitments by previous UK governments to establish a public inquiry meant it should proceed.
The inquiry will be established under the 2005 Inquiries Act, with full powers, including the power to compel the production of documents and to summon witnesses to give evidence on oath.
Sir Gary is a former Court of Appeals judge who also chaired the Post Office Overturned Convictions Independent Pecuniary Losses Assessment Panel and the Horizon Convictions Redress Panel.
The government has also confirmed the appointment of former Police Ombudsman Baroness Nuala O'Loan, and international human rights lawyer Francesca Del Mese, as assessors to the inquiry.
Confirming the announcement via a written statement to parliament, Benn said: "The murder of Mr Finucane was a barbarous and heinous crime and one which continues to highlight the legacy of the Troubles in Northern Ireland.
"I commend and support the tireless campaign of Mrs Finucane and her family in seeking answers to the brutal murder of their loved one and I am confident that this Inquiry will provide answers to the family who have suffered so terribly."
Benn said he was delighted that the chair had accepted the position.
"I am confident that, together, their valuable knowledge, experience and professionalism will be of great benefit to the work of the Inquiry," he said.
Sir Gary said he was "privileged" to take on responsibility for leading the public inquiry.
"At the heart of this case lies a family who lost their husband and father in horrific circumstances, and I look forward to meeting the Finucane family in Belfast as soon as possible," he added.
The government said it will undertake a consultation exercise with the chair on the proposed terms of reference for the inquiry, which will be agreed and published in due course.
Pat Finucane was a well-known defence solicitor who frequently acted for high profile IRA members.
He also represented loyalists in his work.
In February 1989 he was shot 14 times by two gunmen.
His wife, Geraldine, was also wounded.
One of his sons is the Sinn Féin MP John Finucane.
At an inquest into his death police refuted claims that Mr Finucane was in the IRA.
In 2012, Sir Desmond de Silva's report into the murder found there was agent involvement and that police took no action on threat intelligence regarding Mr Finucane.
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Politico
6 hours ago
- Politico
PhRMA bolsters its lobbying lineup
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Yahoo
14 hours ago
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Benn defends collaboration with Irish Government over legacy issues
Northern Ireland Secretary Hilary Benn has said he will make no apology for working with the Irish Government on legacy issues after the leader of the DUP launched a stinging attack on his approach. Mr Benn was responding after Gavin Robinson branded the UK Government minister as 'foolish and hapless' in relation to his handling of efforts to deal with the legacy of the Troubles. Mr Robinson claimed Mr Benn's actions amounted to a 'disgraceful' attempt to 'satisfy the Irish Government'. The Northern Ireland Secretary was asked about the remarks as he attended a meeting of the British Irish Council in Newcastle, Co Down on Friday. 'I make no apology at all for trying to work with the Irish Government, because the lesson, indeed exemplified by the Good Friday Agreement, is we make most progress when we work together,' he said. 'And that is what I'm determined to do in the interests of truth and reconciliation and, finally, giving answers to families who have suffered so much.' Mr Robinson's hard-hitting statement on Friday morning came amid mounting expectation that the two governments will soon set out an agreed framework for addressing legacy issues related to the Northern Ireland conflict. Also responding to the DUP leader's criticism, Irish premier Micheal Martin and deputy premier Simon Harris both moved to defend Mr Benn as they praised his efforts to work with their Government to try to resolve outstanding issues around unsolved murder cases and families who continue to seek truth and justice for lost loved ones. They also rejected Mr Robinson's assertion that the Dublin government has adopted a 'scandalous approach to legacy' in failing to rigorously investigate and provide answers on atrocities with a cross-border dimension. The DUP leader made his statement after Mr Benn announced the appointment of a chair to lead a public inquiry into the 1989 loyalist murder of Belfast solicitor Pat Finucane. Mr Robinson believes the Finucane case is indicative of a government approach that sees the 'distasteful elevation' of some high-profile cases while countless other victims still await answers with no prospect of public inquiries. The DUP leader claimed 'Hapless Hilary' was pursing this stance while continuing to keep private any details on what he was negotiating with the Irish Government. 'The Irish Government have knowledge of and influence upon UK legacy plans, yet Northern Ireland victims, veterans and Parliamentarians are kept in the dark by the Secretary of State without so much as a blush on his face,' he said. 'Not for the first time, he advances a one-sided, partisan approach to the politics of Northern Ireland.' 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In 2023, the Irish government initiated an interstate legal case against the UK in the European Court of Human Rights, claiming the Legacy Act breached the European Convention on Human Rights (ECHR). The case remains active, with ministers in Dublin wanting to see how Labour resolves its concerns over the legislation before any decision is taken to withdraw the action. Mr Benn told reporters in Newcastle that it was incumbent on all political leaders to finally secure agreement on legacy. 'Legacy is the unfinished business of the Good Friday Agreement,' he said. 'It was the issue which the Good Friday Agreement, which achieved so much, was unable to take forward. 'And I would simply say we, all of us, as politicians, as leaders, have a responsibility to try and find a way forward so that we can bring truth and justice for everyone, in particular for the families who, after decades, are still waiting for answers as to what happened to their loved ones when they were murdered.' At the press conference after the BIC, Mr Martin made a point of backing Mr Benn's stance. 'I firstly want to pay tribute to the Secretary of State for his honesty, his determination in the way he has pursued this issue of legacy, and indeed many other issues since he became Secretary of State,' he said. 'And we have welcomed his very open and determined approach. I would never question his bona fides in doing the very best for the people of Northern Ireland, and in terms of ensuring a very strong relationship between British and Irish Governments.' Mr Harris, who also attended the BIC summit, said the Governments were 'close to a way forward on legacy'. 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Associated Press
14 hours ago
- Associated Press
Marcus Taylor should have been freed years ago. Mississippi courts refuse to release him
Marcus Taylor has been incarcerated for 10 years, serving a sentence that should have ended five years ago. In 2015, a judge sentenced the husband and father to 15 years in prison for conspiring to sell an opioid combination pain-relief medication – a schedule III controlled substance. But he spent eight years in jail before anyone realized the maximum sentence for his crime by law was five years. In May, the Mississippi Court of Appeals recognized that Taylor was serving a sentence 10 years longer than the legal maximum, but refused to order his release despite making note of the mistake, arguing that the issue was raised too late. Taylor, now 43, was indicted in 2014 on two counts of conspiracy to sell controlled substances, and one count of business burglary for breaking and entering a drugstore to steal them. In February 2015, he took what he thought was an advantageous deal: he pleaded guilty to the first count, and the two others were dismissed. But the plea petition was riddled with mistakes. It erroneously said the maximum sentence for conspiracy to sell schedule III controlled substances was 20 years – not five years. And no one in the court, including his lawyer, realized his sentence was 10 years longer than the legal maximum. It's only after he challenged his sentence in 2023, demanding eligibility for parole, that the problem surfaced. The Choctaw County Circuit Court denied Taylor's motion for post-conviction relief, because he filed it past the three-year deadline of his conviction. After investigating the issue for over a year, the appellate court ruled on May 6 this year that Taylor was indeed serving a sentence 10 years longer than authorized by law – meaning he should have been released in 2020. Yet, in a five-five decision, the court of appeals decided Taylor should still serve the rest of his wrongful sentence – because he didn't file his request in time. The court invoked a 2023 ruling by the Mississippi Supreme Court in Howell v. State of Mississippi, which put an end to the fundamental rights exception – an exemption to the three-year time limit to file a post-conviction relief claim, made to ensure individuals don't stay unconstitutionally incarcerated. The Mississippi Court of Appeals is obligated to follow the Supreme Court precedent, said Matthew Steffey, professor at the Mississippi College School of Law. 'This is the expected outcome of Howell, that there are going to be meritorious claims that are shut down for these technical limits,' he said. 'That's why many people, including dissenters on the Court of Appeals, believe it's wrong.' Indeed, despite this Supreme Court ruling, half the judges were ready to grant Taylor relief. 'All Mississippians have the right to be free from cruel and unusual punishment, and to incarcerate Taylor beyond the time authorized by law infringes upon that fundamental right,' Judge David Neil McCarty wrote in a dissenting opinion. But if the result is tied in a Court of Appeals, common practice calls for the court to confirm the original decision, Steffey said. On June 2, Taylor filed a motion for rehearing, asking the Court of Appeals to reconsider its application of Howell, saying his incarceration is a deprivation of his constitutional rights. But the Court of Appeals could still refuse to rehear the case. In case of an unfavorable ruling, Taylor's lawyer, Damon Stevenson, said they were ready to take the case to the Mississippi Supreme Court. If it agrees to examine Taylor's case, the Supreme Court could clarify how the law should be applied in cases like Taylor's. 'I do think one has to reinterpret Mississippi Supreme Court precedent to give Mr. Taylor relief, and that's more a job for the Supreme Court than the court of appeals,' Steffey said. Many hope Taylor's case and potential release could set a precedent and protect others in the same situation. Mississippi courts have refused to grant relief to incarcerated people serving expired sentences in the past, even before Howell. 'We could get a clear law in the state of Mississippi that says there are certain rights that are not abridged by time: at any point that injustice is recognized, the court can step in and right it,' Stevenson said. The escalation of the case has led the Capital Post-Conviction Counsel to step in. On June 4, it filed an amicus brief – additional information and legal arguments given to the court to assist them in their decision, in support of Taylor's motion for rehearing. Although the state office normally assists individuals sentenced to death in Mississippi, it has expertise in helping people file post-conviction petitions, just like Taylor. The attorney general's office, which represents the state of Mississippi in the case, rapidly opposed the counsel's intervention, demanding that the Court reject its brief. The AG's office argued that the Capital Post-Conviction Counsel's involvement was 'neither necessary nor appropriate,' and that it had filed the brief too late. To Stevenson, the attorney general's office's immediate opposition shows a broader pattern of combativeness against defendants, at the expense of fairness and justice. 'At this point, it's our position that Mr. Taylor has actually moved from being a defendant to a victim,' Stevenson said. 'The attorney general's office has to take an honest look at this case and say, 'Do we really want to be on the side of fighting for people to stay incarcerated who legally do not belong in a prison cell?'' Defendants' rights are often overlooked although they are an essential part of a fair judicial process, because severity sells electorally, and ultimately, judges are elected public officials, Steffey said. 'Judges campaign promising to be fair, or to be tough and fair, or to be tough, all of which sends a signal that they are part of the crime fighting community,' Steffey said. 'You hear a lot about justice for victims, very little about justice for the accused.' While the Court of Appeals still hasn't decided whether to rehear Taylor's case or not, his children are growing up without him. And his wife, Kimberly Brown Taylor, is raising them alone. When she started dating Taylor in 2008, Brown Taylor already had a baby, Joshua, who is 19 now. Taylor treated him like his own, she said. They still write each other letters. With Taylor, she had another son, Blakeland, who is 13 and has not seen his father since he got incarcerated when he was just a baby. 'It has been kind of hard on me as a single parent,' Brown Taylor said. ' I haven't slept at night at all since he's been gone.' When Taylor was incarcerated, Brown Taylor found herself having to assume the financial and personal charge of raising two kids. She went back to college and studied accounting. She worked two jobs until she became an accountant. Just like everyone else, she had no idea his sentence was above the legal maximum. She's angry about the time lost and worried about Taylor's mental health. 'For someone to sit in there past that time, I guess the extra five years, that can mess with someone mentally,' she said. 'He could have been there, being that father to my son, giving me relief, giving my son the loving that he needed.' Brown Taylor says she keeps Blakeland and Joshua informed about their dad's case everyday, but they still don't understand why he can't come home. Blakeland feels like a part of his childhood was stripped away. He said he wishes his father could watch his basketball games and participate in school father-son events with him. 'I just feel like my dad should be at home. It's eating me alive,' Blakeland said. Taylor might very well serve the five remaining years of his original sentence, if the Court of Appeals or the Mississippi Supreme Court don't rule in his favor. His lawyer argues he has far served his time, and should be brought back into the community. 'When people make mistakes, it is totally acceptable to ask them to pay their debt to society,' Stevenson said. 'However, their debt should not be greater than what is allowed by law.' Time passes and incomprehension grows in the Taylor family. It gets a little harder everyday to understand why Taylor remains incarcerated. 'God gives all of us chances after chances after chances. So why can't they or whomever allow Marcus to have a chance?' Brown Taylor said. ___ This story was originally published by Mississippi Today and distributed through a partnership with The Associated Press.