Court was correct to refuse to compel the establishment of a Commission of Investigation into a murder

Birmingham P. (nem diss): Appeal of a decision of the High Court refusing an order of mandamus compelling the respondents to establish two Commissions ofInvestigation into the murder of Seamus Ludlow, the appellant's uncle, in 1976 - the appellant's family have been seeking an inquiry arising out of concerns about the Garda investigation into the murder - the investigation was stood down or suspended after three weeks - the family believe that an important line of enquiry was not pursued, but rather, ignored, this being the possibility that Mr. Ludlow was murdered by Loyalist paramilitaries or individuals linked to British State Security Services in a case of mistaken identity - an Oireachtas Sub-Committee recommended that 2 Commissions of Investigation be established to investigate a number of matters - a review was carried out by an Garda Síochána, a file was prepared for the DPP and a decision was made that no prosecution was possible - the DPP for Northern Ireland also directed that no prosecution take place - no Commission of Investigation was established - a letter was sent by the first respondent dated 25th February 2015 outlining the reasons for refusing to establish a Commission of Investigation - whether the appellant had a legitimate expectation that the Government would accept and implement the recommendation of the sub-committee - whether the decision was vitiated by unreasonableness or irrationality - Article 2 of the European Convention on Human Rights - whether there is a procedural duty to investigate the death - separation of powers - appeal dismissed.