A garda or someone associated with the Garda Síochána was probably behind a leak to a Sunday newspaper. This led to it printing an article related to the Barr tribunal which was helpful to the Garda case, the tribunal chairman has said.
In ruling on the publication, Mr Justice Barr said the "erroneous, harmful" article caused offence to the Carthy family and the tribunal, which is investigating how gardaí shot Mr John Carthy in Co Longford in 2000.
The chairman said yesterday that information received by the tribunal did not go far enough to prove the complicity of the Garda groups represented. He made no findings in the matter against either the Garda Commissioner, representing all Garda officers, or the group of certain junior officers involved at Abbeylara.
The Sunday Independent article by Maeve Sheehan on October 31st published a statement by Ms X, girlfriend of Mr Carthy, which was heard in a private session of the tribunal. However, the chairman said he did not believe there was any useful purpose in taking the investigation any further and expending valuable time and resources.
In her statement, Ms X said Mr Carthy alleged his mother wanted him to sign over land he had inherited. This was untrue as Mrs Rose Carthy had always owned the land. The chairman said it was evident the story was slanted towards arguments advanced on behalf of Garda interests.
The four parties involved in the private session were those of the two gardaí, the family and Ms X. Their solicitors carried out investigations into the matter.
The chairman said there was a strong probability the informant was associated directly or indirectly with one or other of the four parties. He was satisfied that neither the Carthy family or Ms X or anyone associated with them had any connection to the story.
"It is probable that the person or persons directly or indirectly responsible for orchestrating the story and for putting in train a scheme whereby Ms Sheehan was informed of information helpful to the Garda case comprising titillating 'new' evidence likely to be of particular interest to her as a Sunday Independent journalist was a member of the Garda Síochána or someone associated with the police," he said.
"Suspicions, however strong and apparently well-founded they may be, are not sufficient. The information which has emerged does not go far enough to prove complicity of either Garda party beyond reasonable doubt."
Solicitors for Ms Sheehan and Independent Newspapers said her informant did not tell her the allegation that Mr Carthy owned land was untrue, that he never inherited it or of statements by Mrs Carthy and her daughter that there was no family dispute.
The chairman said surprisingly, despite knowing the true facts, the Sunday Independent had not published an apology to the Carthy family and the tribunal, or even a correction of the fundamental errors in the story.
"It seems that the editorial policy of Independent Newspapers does not extend to apology for harmful error or even correction of mistakes."