1. The applicant is Geraldine Finucane, c/o Madden & Finucane,
Solicitors, 88 Castle Street, Belfast BT1 1HE
2. The applicant seeks the following relief
a) An order of mandamus compelling the Secretary of State to publish the
Cory collusion inquiry report into the murder of her husband, Patrick
Finucane;
b) An order of mandamus compelling the Secretary of State to indicate
publicly the recommendation of the Cory collusion inquiry report into the
murder of her husband, Patrick Finucane;
c) An order of mandamus compelling the Secretary of State to inform the
applicant of the recommendation of the Cory collusion inquiry report into
the murder of her husband, Patrick Finucane;
d) A declaration that the applicant is entitled to a copy of/access to
the report;
e) A declaration that the application is entitled to be informed of the
report's recommendation;
f) Such further and other relief as the court may deem appropriate;
g) Leave on the papers without the need for an inter partes leave hearing
since the papers clearly disclose an arguable case for judicial review and
an inter partes hearing would clearly lead to more delay and expense;
h) An expedited hearing;
i) Costs.
3. The grounds upon which the said relief is sought are
a) The government made a commitment to publish the report;
b) In failing to publish the report the Secretary of State is acting in
breach of the applicant's rights pursuant to Article 2 of the Convention and
in breach of section 6 of the Human Rights Act 1998;
c) In failing to publicise the report's recommendation the Secretary of
State is acting in breach of the applicant's rights pursuant to Article 2 of
the Convention and in breach of section 6 of the Human Rights Act 1998;
d) In failing to inform the applicant of the report's recommendation the
Secretary of State is acting in breach of the applicant's rights pursuant to
Article 2 of the Convention and in breach of section 6 of the Human Rights
Act 1998;
e) The applicant had a legitimate expectation that once the report was
delivered to the government
i. It would be published without any or undue delay;
ii. Judge Cory's recommendation would be publicised without any or
undue delay;
iii. She would be informed of Judge Cory's recommendation without any
or undue delay;
f) There has been undue delay in
i. The publication of the report;
ii. The publication of the report's recommendation;
iii. Informing the applicant of the report's recommendation;
g) Judge Cory has said in his report on the murders of Chief
Superintendent Breen and Superintendent Buchanan
2.167 This case, like that of Finucane, Hamill, Wright, Nelson and
the Gibsons was specifically selected as one of those to be reviewed to
determine if there was collusion and, if so, to direct a public inquiry.
In light of this provision in the original agreement failure to hold such
an inquiry as quickly as possible might be thought to be a denial of the
original agreement, which appears to have been an important and integral
part of the peace process. The failure to do so could be seen as a cynical
breach of faith which could have unfortunate consequences for the Peace
Accord.
h) The Secretary of State's decision to withhold publication of the
report is unfair, unreasonable and unlawful
i) The Secretary of State's decision to withhold publication of the
recommendation is unfair, unreasonable and unlawful
j) The Secretary of State's failure to inform the applicant of Judge
Cory's recommendation is unfair, unreasonable and unlawful