Abbeylara inquiry role was advisory, says counsel

The question whether the shooting dead by gardaí of Mr John Carthy at Abbeylara, Co Longford could reasonably have been avoided has to be asked, counsel for an Oireachtas sub-committee set up to inquire into the incident has told the Supreme Court.

Mr Sean Ryan SC said the shooting of Mr Carthy by members of the Emergency Response Unit after a siege at his home in April 2000 was "an extremely tragic situation" with public and private implications and was a matter of "urgent public importance".

Mr Ryan said the Garda report had concluded the death could not have been avoided. The question which had to be asked was whether that conclusion was correct .

Mr Ryan said the sub-committee had received 21 submissions on the report, including one from the Irish Council of Civil Liberties, which contained an "impressive and detailed" critique of Garda activity.

That submission questioned whether the use of force at Abbeylara was lawful and criticised the actions of the gardaí by reference to international standards and the evidence disclosed.

A submission from Mr Carthy's family was also critical of Garda actions. Other questions were raised about the nature of the Garda report and there was a complaint that the report "went out of its way" to blacken Mr Carthy and his sister who had arrived on the scene.

Mr Ryan was making opening submissions on behalf of the sub-committee in the appeal by the State, sub-committee and Fine Gael TD Mr Alan Shatter against a High Court decision upholding a challenge by 36 gardaí to the sub-committee inquiry into the Abbeylara incident.

He will continue his submissions today .

The High Court found the sub-committee had breached fair procedures in its conduct of the inquiry. It also granted a declaration that the Oireachtas has no inherent power to establish inquiries which may lead to findings of fact or expressions of opinion adverse to the good names or livelihoods of citizens who were not members of the Oireachtas.

Earlier yesterday, Mr Diarmaid McGuinness SC, for the State and Attorney General, said the sub-committee was entitled to inquire into the reasonableness of the Garda handling of the Abbeylara incident.

Mr Justice Hardiman noted counsel for the sub-committee had told the High Court the committee considered it was open to it, if its inquiry indicated that was the case, to make a finding of unlawful killing. He asked whether the State believed the sub-committee could find an individual public servant individually accountable.

Mr McGuinness said the sub-committee's role was advisory. Its task was to inquire into the matter and report to the Houses of the Oireachtas.

Any finding by the committee did not render a person liable or accountable in any legal sense.