A public inquiry is the only lawful method available to examine the murder of GAA official Sean Brown, the High Court has heard.
Counsel for the victim’s elderly widow made the claim as her challenge to the UK government refusing to order such a probe faced further delay.
Mr Brown (61) was shot dead by loyalist terrorists after being abducted as he locked the gates at Bellaghy Wolfe Tones GAA Club in Co Derry in May 1997.
No-one has ever been convicted of killing the father-of-six.
Earlier this year it emerged that state agents were among more than 25 people linked by intelligence to the murder.
At that stage the coroner, Mr Justice Kinney, halted proceedings due to the extent of confidential material excluded or withheld on national security grounds.
He wrote to the previous Conservative Government requesting the establishment of a public inquiry into Mr Brown’s killing.
But current Secretary of State Hilary Benn confirmed last week that those calls have been rejected.
He instead urged Mr Brown’s family to engage with the Independent Commission for Reconciliation and Information Recovery (ICRIR), insisting the newly established legacy body is capable of probing the case effectively and providing justice.
Devastated relatives of the murder victim are now pressing ahead with a legal challenge which was originally focused on the initial failure of the government to act on the coroner’s request.
The case has already been delayed once because of issues around the general election in July.
Despite being relisted for hearing next week, those plans are set to be put on hold again as a Court of Appeal ruling on the capacity of ICRIR to carry out human rights compliant investigations is imminent.
The judge dealing with Mrs Brown’s challenge, Mr Justice Humphreys, indicated on Wednesday it would be better to wait for that determination.
A barrister representing the widow and her family, stressed their opposition to any long-term adjournment in their legal battle.
Desmond Fahy KC told the court: “Our intention is to make the positive case that a public inquiry is the only lawful means available at this time.
“Rather than debating the merits of the ICRIR per se, it is what is available now that is the focus of the applicant.”
Mr Justice Humphreys emphasised there will be no significant further delay in dealing with the challenge.
Confirming his intention to prioritise the case, the judge vowed: “I intend to hear the application before the end of October at the latest.”