The appointment of Bertha McDougal as an interim victims' commissioner for Northern Ireland was not lawful, the Court of Appeal has ruled.

The court said former secretary of state Peter Hain failed to consider the code of practice for ministerial appointments to public bodies.

Mrs McDougall, whose policeman husband was murdered by the INLA in 1981, was appointed by Mr Hain in October 2005.

It was challenged on the grounds she did not have cross-community support.

The challenge was launched by west Belfast woman Brenda Downes, whose husband Sean was killed by a plastic bullet fired by a police officer.

In November 2006, High Court judge Mr Justice Girvan ruled the appointment was unlawful for a number of reasons, including that it was motivated by "an improper political purpose, namely, so-called confidence building".

However, Mr Hain was then able to appeal.

In its ruling the Court of Appeal said: "It appears to us to be clear that the secretary of state, in making this appointment, was not bound to comply with the terms of the code of practice but it is equally clear that he was obliged to take the requirements of the code into account when deciding whether to make the appointment."

The Northern Ireland Office said it welcomed the fact that many of the High Court's original findings had been overturned.

"We welcome the Court of Appeal decision to overturn many of the High Court findings. The High Court decision was upheld on one procedural point."

Mrs Downes said she was satisfied the court had upheld the original ruling that the appointment was unlawful.

"The process overall that I initiated has had a direct, positive and beneficial knock-on effect in terms of ordinary citizens ensuring that a rights based culture is brought about and achieved," she said.

BBC NEWS | UK | Northern Ireland | Victims appointment 'not lawful'