The chairman of the Barr tribunal has told the Emergency Response Unit tactical commander, Sgt Gerry Russell, that his actions at the end of the Abbeylara siege seemed "extraordinarily stupid".
Mr Justice Barr said Sgt Russell made himself a "classic target" for Mr Carthy when he jumped up on to a wall after the 27-year-old left his house carrying a loaded gun.
Sgt Russell agreed that the action possibly "wasn't wise".
Sgt Russell had been on a break in the unoccupied new house on the Carthys' land when he heard shouts from his colleagues indicating that Mr Carthy had emerged from the old house where he had been holed up for the previous 25 hours.
Sgt Russell ran down the garden and took position, with his firearm, standing on the boundary wall of the property facing the road.
Mr Justice Barr yesterday interrupted the examination of Sgt Russell by counsel for the tribunal, Mr Raymond Comyn, to ask why he jumped on to the wall, instead of taking cover behind it.
"I can't understand why you exposed yourself as completely as possible if, as you said yourself, Mr Carthy presented a risk to life," the judge said.
Sgt Russell said it was the decision he had taken at the time, but "I accept maybe it wasn't wise".
Mr Justice Barr repeated that he couldn't understand why Sgt Russell would take such an exposed position, if he really did believe Mr Carthy was a threat to life.
At any moment, Mr Carthy could have turned and fired a shot at any ERU officer, Sgt Russell said, and all their lives were equally at risk from the armed man.
"But you elected to stand on the wall. You were presenting yourself as a classic target," Mr Justice Barr said. Sgt Russell said he didn't intend to be a target.
"I wonder, did you really believe you were in danger?" the chairman asked.
"It seems to me an extraordinarily stupid thing to do, if I may say so with respect."
