Allowing the appeal on all grounds, Mr Justice Murphy said the issues which the Abbeylara subcommittee (ASC) had identified for investigation appeared entirely appropriate for an Oireachtas sub-committee.
Of the 30 issues, 24 related generally to the conduct and activities of the gardaí, Department of Justice, coroners' inquests, licensing of firearms, training and other matters. Clearly, a question would arise as to the correctness of the Garda Commissioner's finding that the shooting of Mr Carthy was necessary to protect the lives of gardaí. It appeared from submissions to the ASC that view would be challenged.
However, it seemed the thrust of the inquiry concerned a broader picture in relation to structures or procedures which could be regulated by legislation to ensure any incident comparable to Abbeylara should be dealt with in the most efficient, humane and competent manner consistent with the protection of citizens' lives and liberty.
He believed the Oireachtas had the requisite power to set up the ASC to conduct the proposed inquiry but anticipated "immense practical difficulties" in conducting such an inquiry in accordance with the requirements of natural justice and fair procedures.
The Oireachtas had power to make findings of fact in the sense that those findings represented the views of a committee, or a majority of it. The fact the findings might have serious repercussions, or that the publication of these might cause damage to the reputation of witnesses or other members of the public, was "regrettable but unavoidable".
Such a contingency was well provided for by the requirement that any such witness must be afforded a number of rights.