Lawyers for RTÉ at the Barr tribunal have told Mr Justice Robert Barr that there was "no need" for the tribunal to concern itself with the "ethical propriety" of the conduct of RTÉ and its broadcasters at the Abbeylara siege.
Questions in relation to the ethics of RTÉ reporters and their adherence to the broadcaster's code of conduct had no relevance to the events surrounding the fatal shooting of Mr John Carthy at Abbeylara in April 2000, Mr Patrick Hanratty SC said.
Mr Hanratty was addressing the chairman for the first time since objecting to the line of questioning taken by representatives of the Garda Commissioner with RTÉ reporter Niall O'Flynn last month.
Questions asked by Mr Diarmuid McGuinness, relating to Mr Carthy's right to privacy and the propriety of interviews conducted by O'Flynn during the siege, were not relevant to his client, the Garda Commissioner, and were outside the remit of the tribunal, Mr Hanratty said.
Mr O'Flynn, who was the producer of RTÉ's Five Seven Live programme, had sanctioned the naming of Mr Carthy on air. He also conducted interviews where personal details about the 27-year-old manic-depressive were disclosed.
Mr Hanratty has made a written submission to the chairman asking him to rule that issues as to the ethical propriety of RTÉ are outside the terms of reference of the tribunal. Mr Justice Barr is to give his ruling on Friday.
Speaking in relation to his submission yesterday, Mr Hanratty questioned the Garda interest in the ethics of RTÉ.
"What possible interest could an Garda Síochána have in the ethical propriety of the journalist in question?"
It was his submission that whether RTÉ breached sections of the Broadcasting Act in relation to privacy had "no regard to the shooting of Mr Carthy", but even if the chairman ruled it did, it would be a matter between the tribunal and RTÉ, not the Garda.
Mr McGuinness said it was an important and necessary function of the Garda to deal with the media. It was also legitimate to ask questions that might assist in the future conduct of sieges.
The solicitor for the Carthy family, Mr Peter Mullan, said his legal team clearly had a right to question the propriety of the ethical decisions made by RTÉ.
