The Barr tribunal into the fatal shooting of John Carthy in Abbeylara will examine the appropriateness of the deployment of the Garda Emergency Response Unit in Abbeylara on April 20th 2000, Mr Michael McGrath SC, said at the tribunal yesterday. The tribunal is inquiring into the shooting dead of Mr Carthy by members of the Garda ERU.
Giving its opening statement in Longford on behalf of the tribunal's legal team, Mr McGrath said that the issues which arose included the following: "What additional function could they [the ERU] fulfil that local gardaí could not perform? Was there available to the local gardaí the services of a trained non-ERU negotiator? If there was, would it have been appropriate to seek his or her assistance? Is it that the situation was considered too dangerous to engage non-ERU negotiators?
"Is it relevant to the decisions taken that John Carthy was not holding any hostage? Is it relevant to the decisions taken that he had discharged shots after the gardaí arrived, some which appear to have been discharged in the general direction of or in close proximity to members of the Garda Síochána?"
Outlining the circumstances of Mr Carthy's death, he said he had been diagnosed with depression in 1992, and was on medication. He was the owner of a legally held double-barrelled shotgun.
On Wednesday, April 19th, 2000, he had a discussion with his mother about their move to a new house on the same site as their old house, which was due for demolition. He was unhappy about the move, and said no one was going to put him out of his house. He got his gun and discharged two shots outside.
His mother left the house and went to her sister's house nearby, where the gardaí were phoned. She was worried he might hurt himself, and wanted them to take the gun from him.
Local gardaí went to the scene. Their car was shot at by Mr Carthy, causing damage to the wing, as it was parked unoccupied in the drive-way. They were unsuccessful in their attempts to speak to him.
Following a number of conversations between senior Garda officers in the Mullingar and Longford area, and the calling in of reinforcements, a request was made for support from the ERU in Dublin. This decision was made at about 7 p.m, about three hours after Mrs Carthy had left the house and initially contacted gardaí. The ERU arrived at 9.50 p.m.
A local senior Garda officer was "scene commander" in overall charge of the situation, while tactical control rested with the member in charge of the ERU. From the arrival of the ERU and through most of the night the ERU negotiator, Det Sgt Michael Jackson, tried to negotiate with Mr Carthy, but without success.
Mr Carthy's sister, Marie, had arrived from Galway around 11 p.m., along with a friend of her brother. Det Sgt Jackson had told the tribunal that the question of bringing them to the negotiating point was not considered as he was trying to establish a rapport as the negotiator.
A later attempt by the friend, Mr Martin Shelly, to talk to Mr Carthy was not successful.
The following day Mr Carthy appeared to become increasingly agitated. His consultant psychiatrist, Dr David Shanley, arrived and told gardaí that both his medication and nicotine and alcohol withdrawal could be contributing to his agitation. Mr Carthy indicated he was willing to talk to him, but left the house before this happened.
Earlier that day, about 12.15 p.m., he had told a friend he wanted a solicitor, "Mick Finucane".
He had already told gardaí he wanted a solicitor, but without specifying who.
The friend informed gardaí, but, according to Mr McGrath, "they were unable to establish the whereabouts of a solicitor named Mick Finucane."
When Mr Carthy left the house unexpectedly he was carrying the shotgun, broken open. He was thought by gardaí to be "a threat, but not an immediate threat". However, when he started walking towards a group of gardaí at the command post, three members of the ERU behind him thought he presented a danger to these gardaí and shot him. Det Sgt Jackson shot him in the leg and Det Garda Aidan McCabe shot him in the torso with his Uzi sub-machine gun. Mr Carthy was pronounced dead at 6.11. p.m.