High Court challenge to Abbeylara inquiry opens today

A three-judge High Court will today begin hearing a wide-ranging challenge by gardai to the inquiry by an Oireachtas subcommittee into the shooting dead of John Carthy in Abbeylara, Co Longford.

Among those who have sworn affidavits in the proceedings for the Garda applicants are a former Minister for Justice, Mr Patrick Cooney, and a former Secretary of the Department of Finance, Mr Sean Cromien.

The hearing raises important issues with consequences for the work of all Oireachtas committees, including the capacity of the Houses of the Oireachtas to conduct inquiries.

The President of the High Court, Mr Justice Morris, is presiding over a divisional court, which includes Ms Justice Carroll and Mr Justice Kelly. The hearing is expected to last two weeks.

While dealing with preliminary matters last week, Mr Justice Kelly reserved to the full three-judge court the issue of whether to permit lawyers for the gardai to cross-examine the chairman of the Oireachtas subcommittee, Mr Sean Ardagh.

When the matter was before the High Court last month, a member of the subcommittee, Fine Gael TD Mr Alan Shatter, claimed the legal action was a deliberate attempt by the gardai to delay matters to such an extent the work of the subcommittee would be impossible, given that it could only last as long as this Dail, which had a maximum of 11-1/2 months left.

He said the subcommittee had been "on hold" since the end of April when nine gardai had indicated they intended to apply to be exempted from appearing before it.

Mr Shatter said he was unaware whether the nine gardai had applied to the Secretary General of the Government for such exemptions and had no indication what, if any decision, was taken.

On May 21st last, 36 gardai were given leave by the High Court to challenge the inquiry by the subcommittee of the Joint Oireachtas Committee on Justice, Equality, Defence and Women's Right, which was set up following the death of Mr Carthy, at Abbeylara, on April 24th, 2000.

Mr Carthy was shot four times by members of the Emergency Response Unit after a siege at his home.

The 36 gardai are challenging practically all aspects of the work of the subcommittee, including its powers to compel the attendance of witnesses and to direct the production of documents.

The action is against the members of the sub-committee, Ireland and the Attorney General.