A ruling by the Barr tribunal chairman that gardaí were the probable source of a journalist's article was grossly unfair as the matter had not been investigated, their lawyer argued yesterday.
Prickly exchanges between Mr John Rogers SC, for 36 gardaí involved in the Abbeylara siege, and Mr Justice Barr arose out of a ruling last Wednesday.
The chairman ruled that the tone of a Sunday Independent article by Maeve Sheehan strongly suggested the source was one of Mr Rogers's clients or someone on that party's behalf.
The article related to statements made to the tribunal in a private session by a Ms X, believed to be a former girlfriend of Mr John Carthy. The chairman said the article published claims of a family dispute over land based on a wrong allegation.
Yesterday, he said Ms Sheehan had been asked certain questions and she might, perhaps, come back to the tribunal.
Mr Rogers said when the article, a breach of tribunal procedures, was published, a meeting was convened between his clients with representatives of the Garda Representative Association and the Association of Garda Sergeants and Inspectors.
His clients wished the chairman to know they wanted the matter to be fully investigated. They also wanted the person who briefed Ms Sheehan to be exposed and wanted Ms Sheehan to be asked if any of his clients was the person who briefed her.
"Further, they say, on Wednesday, regrettably, your ruling was grossly unfair in that you made a finding against them without having heard them and without having investigated them and that..."
The chairman said: "I don't accept that, Mr Rogers. You're just making more trouble as you normally do in these matters and I would wish you would kindly sit down."
Mr Rogers replied: "With respect, I am giving this submission on behalf of my clients to the effect that you have ruled unfavourably against them without having either investigated the matter or without having heard their submissions and you have not conducted a fair or proper procedure on the matter."
His clients wished Ms Sheehan to be asked the question. "Otherwise, sir, you, through what was said on Wednesday, would have wronged my clients for making a most grievous finding against them." He said the chairman could exercise his powers. He wondered if there was any order directing Independent Newspapers to make discovery of Ms Sheehan's notes. "I would have thought that would be a necessary preliminary step."
The chairman countered: "I don't need your advice on how I should conduct my tribunal."
Mr Rogers said: "If you do not intend to carry out a thorough investigation beyond the five questions to be asked of Ms Sheehan, you should make a public statement that in effect the ruling last Wednesday in which you made the finding against my clients cannot stand because it was done in an unfair manner without any further investigation."
The chairman rejected that submission. Mr Rogers suggested it could be any other party who was the source but did not know who.
The chairman said there was no way of finding it out.
Mr Rogers replied: "That puts your ruling on Wednesday in the worse possibly light in my respectful submission."