A seven-judge Supreme Court will give judgment on Thursday on the State's appeal against a High Court judgment which halted the inquiry by an Oireachtas sub-committee into the fatal shooting by gardaí of Mr John Carthy at Abbeylara, Co Longford.
The outcome of the case is being watched by politicians as it will have far-reaching implications for the power of the Oireachtas to conduct such inquiries.
However, whatever the Supreme Court decision, it appears unlikely the Abbeylara sub-committee (ASC) will be able to complete its work. At previous hearings, lawyers for the ASC said it would cease to exist with the present Dáil. A general election is expected next month.
Mr John Carthy died after he was shot four times by members of the Garda Emergency Response Unit (ERU) following a siege at his home on April 20th, 2000.
The Garda Commissioner's report on the shooting was referred by the Dáil in October 2000 to the Joint Oireachtas Committee on Justice, Defence, Equality and Women's Rights.
In March 2001, the joint committee established the ASC and it began public hearings the following month. In May 2001, 36 gardaí who were directed to appear before the ASC, including the four ERU members who fired the shots at Mr Carthy, took legal proceedings challenging the ASC inquiry.
In November 2001, after a 19-day hearing, the Garda challenge was upheld by a three-judge High Court. It ruled there was no "inherent power" in parliament to set up inquiries which were likely to lead to findings of fact or expressions of opinion adverse to the good name of people who are not members of the Oireachtas.
The court also declared the procedures adopted by the ASC did not comply with the needs of natural and constitutional justice.
The ASC, Attorney General and Fine Gael TD Mr Alan Shatter appealed the High Court decision to the Supreme Court. The appeal was heard over 10 days in January.
During the appeal, Mr Sean Ryan SC, for the State, said the question whether the shooting dead of Mr Carthy could reasonably have been avoided had to be asked. The ASC had received some 21 submissions on that report which contained an "impressive and detailed" critique of Garda activity. .
Mr John Rogers SC, for the gardaí, said gardaí were accountable to the Garda Commissioner, not to parliament.
