The chairman of the tribunal has accused the Garda scene commander at Abbeylara of being unwilling to admit gardaí committed any fault during the siege and said his evidence was "irritating in the extreme", writes Olivia Kelly.
Counsel for the Garda Commissioner, Mr Diarmuid McGuinness, said the chairman's reaction to Supt Joseph Shelly wouldn't assist the fact-finding process, after Mr Justice Barr became demonstrably vexed with the witness yesterday and said that gardaí "never admit fault".
Mr Justice Barr was questioning Supt Joseph Shelly in relation to an incident on the first night of the armed stand-off between Mr John Carthy and gardaí.
Mr Carthy's sister, Marie, and a friend, Mr Martin Shelly, had been brought by Garda squad car to stay overnight at a house in Abbeylara village.
Shortly before midnight Mr Carthy agreed to speak to his friend. However, Mr Shelly, who had not left the house to which he was brought, was not located until almost 2 a.m.
Supt Shelly told the tribunal yesterday that it was very clear that Ms Carthy and Mr Shelly were available to the gardaí. "I knew we would be in a position to locate them, albeit it took a bit of time," he said.
Mr Justice Barr pointed out that Mr Shelly was only up the road. "It took up to two hours to find him. What did you do when the request was made by Mr Carthy? Did you do anything?" he asked.
Supt Shelly replied that Mr Shelly had been located as soon as the gardaí could.
"Are you serious about that, Superintendent? Was there a garda sent to call to every house in the village until he was located?"
That had not happened, Supt Shelly admitted, but he repeated that they had found Mr Shelly as soon as they could.
"Two hours is not as soon as you could. Are you standing over that, Superintendent? There is no harm in admitting Garda fault sometimes," the chairman said.
There had been a delay, but not a fault, Supt Shelly said.
"Do Garda officers ever admit to fault, ever, ever, ever?" the chairman asked.
Supt Shelly said Mr Shelly could have been found earlier, but there was "no deliberate fault", he said.
"All right. I know gardaí never admit fault. Let's move on," Mr Justice Barr said.
Mr McGuinness said the chairman's reaction to his client was not helpful to the tribunal.
"It won't assist the fact-finding process if you react in the way you reacted with the apparent banging of the desk and the slightly heated temperature," he told the chairman.
The chairman said he did not think his reaction was surprising.
"I am entitled to say there was fault there. The evidence is irritating in the extreme. So don't be surprised that I reacted in the way I did," Judge Barr said.
The tribunal has adjourned until October.