Counsel representing 36 gardaí at the Barr tribunal has accused Judge Robert Barr of having "fundamentally altered" the course of the tribunal, by questioning a garda witness on "expert evidence" not yet put before the tribunal.
This follows the chairman's admission yesterday that he should not have put the evidence, which strongly criticises decisions made by gardaí at the scene, to the witness, Det Sgt Gerard Russell.
Mr John Rogers, counsel for the gardaí, had called for an adjournment of the tribunal on Tuesday after Judge Barr told Det Sgt Russell there would be evidence that the gardaí had been wrong to place their negotiation point directly in the line of sight of Mr John Carthy.
Yesterday, Judge Barr said that on reflection, he agreed it had "not been appropriate" to put the matter to Det Sgt Russell.
However, Mr Rogers said the chairman had already "let the cat out of the bag" and altered the course of the tribunal by introducing the evidence which had not been circulated to the rest of the tribunal. The questions the chairman put to Det Sgt Russell, suggested he had already drawn conclusions before the tribunal had heard all its evidence, Mr Rogers said.
Judge Barr said he had already made it clear several times that he had not made up his mind on matters relating to the tribunal.
Mr Rogers submitted that the senior gardaí - Supt Joseph Shelly, Supt Michael Byrne, Chief Supt Peter Maguire and Asst Commissioner Tony Hickey - and Mr Carthy's psychiatrist, Dr David Shanley, be recalled to the tribunal to address the issues put to Det Sgt Russell, before the tribunal proceeded any further.
Judge Barr said they could be recalled but not until a later date. Proceedings were adjourned to allow tribunal counsel prepare a report on Mr Rogers' submission.
