A lawyer yesterday claimed that the Oireachtas sub-committee investigating the Abbeylara shooting has the capacity, "if not properly controlled", to destroy the good name and reputation of certain members of the Garda Siochana.
In a submission on the opening day of the sub-committee's inquiry into the shooting dead by gardai of Mr John Carthy in April last year, Mr John Rogers SC said it was not for politicians to decide the culpability of members of the force. He said this was the job of an independent investigator. The proper forum for the investigation was a tribunal of inquiry, he argued.
Mr Rogers, appearing on behalf of 25 named gardai, sergeants and inspectors including the two members of the Garda Emergency Response Unit (ERU) who shot Mr Carthy, said the sub-committee had indicated serious questions would be asked during its investigation.
However, he argued the committee did not have powers to make findings of fact or findings in relation to the culpability of any person in relation to the death of Mr Carthy (27) who was shot dead by two members of the ERU after a 25-hour siege at his home in Abbeylara, Co Longford, on April 20th last year.
The sub-committee on the Abbeylara incident was established last month by the Oireachtas Joint Committee on Justice, Equality, and Women's Rights.
Chaired by Mr Sean Ardagh TD, it is due to hear evidence from a large number of gardai, members and friends of the Carthy family, and others at public hearings over the next fortnight.
Mr Rogers told yesterday's preliminary hearing in Dublin that what happened to Mr Carthy was a tragic event and one could only express sincere sympathy to his family and others who had grieved for him.
"The clients I represent are deeply, personally hurt and unhappy about the death of John Carthy. In respect of some of these gardai, it's the case that this incident will never leave them," he said.
Mr Rogers said his clients were disappointed the committee did not plan to hear the testimony of FBI experts on the incident.
He questioned the independence of members of the committee who had spoken about the Abbeylara incident on radio, and the "incredible rush" of the committee to begin hearing evidence, having only advised witnesses they would be called last week.
After deliberating for two-and-a-half hours on the submission, Mr Ardagh said the subcommittee was satisfied there was no bar to fact-finding on its part in relation to the events at Abbeylara, "whatever facts they are or conclusions they lead to".
He said it was the right of the committee to reach conclusions, independent of the findings of the Garda report. However, he said Mr Rogers appeared to assume there would, or might be, findings adverse to his clients. "This is not the case", said Mr Ardagh. The committee "rejects the proposition or suggestion that its members may be biased. No member of the committee has reached any conclusion on any issue that has to be decided," he said.
Mr Ardagh added that FBI evidence had not been excluded. The sub-committee would consider applications for further witnesses or evidence, he said.