Barr Tribunal
Christine Newman
Gardaí involved in the Abbeylara siege were warned yesterday that if they did not co-operate fully with the Barr tribunal their legal representation would have to be withdrawn.
The tribunal chairman, Mr Justice Barr, was responding to Mr Tom Murphy, solicitor for the 36 gardaí, including members of the Emergency Response Unit (ERU) and local gardaí, who informed the tribunal that his clients had directed him to instruct counsel to return.
On December 18th last, Mr John Rogers SC, for the gardaí, withdrew from the tribunal after clashes with the chairman over questioning about a previously unheard of fifth bullet which may have struck Mr John Carthy.
Mr Carthy died after ERU members fired four bullets after the siege at Abbeylara, Co Longford, on April 20th, 2000.
Last week, the chairman gave a statement and also a ruling that new evidence had ruled out the possibility of a fifth bullet.
Yesterday Mr Rogers returned with other members of the team, Ms Margaret Nerney SC, and counsel Mr Patrick O'Connell.
Mr Murphy said he wanted to seek to resolve issues as far as he could but they did have the order for representation.
"It might have to be withdrawn if there are to be any difficulties such as we had on December 18th," the chairman warned.
Mr Murphy stated: "The suggestion that it was our clients' intention to either walk away from the tribunal or to prevent it raising difficult questions was and is incorrect."
He said the chairman's statement and finding together with the recognition by his clients of the spirit in which they were delivered indicated the chairman's appreciation of the validity of Mr Rogers's submissions on this and other occasions throughout the inquiry.
"My clients are committed to ensuring that it [the tribunal] continues its work in fair and orderly fashion not least for the sake of the Carthy family, the public and the members of An Garda Síochána," he said.
The chairman asked: "You intimated on an earlier occasion that your clients might come back and then go again and come back whenever they felt it was appropriate.
"Are they now back full-time or on an interim basis only?"
Mr Murphy said he was misunderstood in relation to that.
"My clients' intention always - and their obligation is - to co-operate with you and the tribunal and to answer any questions that you raise with them in as responsible a manner as possible."
The chairman said: "And that includes counsel as well, I presume."
Mr Murphy said it was their earnest desire and wish that there be no further difficulty in relation to the workings of the tribunal either through his clients or through counsel. The chairman stated: "It is disappointing that there has been not even a word of regret about the 18th of December from you, Mr Murphy, on behalf of your clients.
"I don't offer that as any criticism of you but it's disappointing."
Mr Murphy replied: "I don't wish to say anything which may exacerbate any problems and I suppose, chairman, the old adage the least said, soonest mended . . . and I think I'll say no more in relation to that.
"Our position is that we will continue to co-operate fully."
The chairman said: "It would have to be on that basis otherwise your representation would have to be withdrawn."
The chairman said should Mr Murphy's clients decide either not to continue with representation or lose it, he was sure the Garda Commissioner represented by Mr Diarmuid McGuinness SC, would not leave them unrepresented.