A second pathologist has given evidence to the Barr tribunal that Mr John Carthy was already falling to the ground when he was struck by the final, fatal shot - contradicting the evidence already given by most garda witnesses at the scene. Olivia Kelly reports.
Mr Carthy died outside his home at Abbeylara, Co Longford, in April 2000, after he was shot four times from behind by members of the Garda Emergency Response Unit.
Prof Christopher Milroy, a British forensic pathologist who has been asked to give evidence to the tribunal by the Carthy family's solicitors, told the tribunal the fourth and final shot was fired as Mr Carthy was falling to the ground. However, he added he "would not be surprised" if those present did not see the movement.
Counsel for the tribunal, Mr Michael McGrath, put it to Prof Milroy that the garda at the scene of the shooting did not appear to have noticed any change in Mr Carthy's body position before the final shot.
Prof Milroy said he wouldn't have expected the first two bullets to have the effect of preventing Mr Carthy from walking forward. However, the third bullet, which entered at the small of the 27-year-old's back, striking his pelvis, would have had a definite impact on his movement.
"This would have been very painful, causing him to fall to the ground in pain. The fourth shot was fired as he was falling, but it was very quick and it is possible he did take a step and did move forward, but he was falling as the fourth shot was delivered."
He said: "The witnesses may not have realised where he had been hit or they may not have realised he had been hit. I would not be surprised if people did not see the movement."
In December the former State Pathologist, Prof John Harbison, told the tribunal the exit wound of the fatal shot "can only be explained by the deceased bending, or falling forward, at the time he was struck by the bullet".
Prof Milroy was asked to consider whether a wound to Mr Carthy's right calf could have been caused by a fifth bullet. The jeans Mr Carthy was wearing at the time he was shot were produced at the tribunal.
Prof Milroy said that if he had conducted the autopsy "blind", without knowing four bullets had been discharged or without being able to examine Mr Carthy's clothing, he would have considered a fifth shot.
"However, on consideration of the clothing, I believe there was not a fifth bullet." He added: "The medical evidence does not support a fifth bullet having being fired." The calf wound was most likely caused by the bullet which hit the pelvis exiting the body and re-entering the calf.
Prof Harbison told the tribunal he had not previously taken into account that the calf wound may have been caused by the bullet deflecting off the pelvis. On balance he said he agreed with the opinion of Prof Milroy.
Both expert witnesses gave evidence yesterday in the absence of any legal representation for the 36 gardaí involved in the tribunal. The gardaí were left without representation yesterday after their solicitor, Mr Tom Murphy, withdrew. This follows the withdrawal in December of senior counsel for the gardaí, Mr John Rogers, after he clashed with the chairman over the manner in which the inquiry was being run.
Mr Murphy told the tribunal that he was withdrawing for the day to consider his position after Mr Justice Barr said he would not reconsider remarks he made in relation to a fifth bullet possibly being fired by a local garda at the scene of the shooting.
"We will have to go on without you," Mr Justice Barr said.
Mr Murphy indicated that he would return to the tribunal today to say how he and his clients intended to proceed.