The Barr tribunal's conclusion is grim and unforgiving: the death of John Carthy at the hands of the Garda Emergency Response Unit (ERU) at Abbeylara, Co Longford, was a "disaster" and "should not have happened". The finding contradicts an internal report by former Garda commissioner, Pat Byrne, which said that the killing "could not have been avoided". The tribunal also exposed the mendacity of some gardaí and their willingness to manipulate public opinion through the "leaking" of false information to the media.
The shooting itself was found to be lawful. But responsibility for the circumstances which brought it about was placed squarely on Garda scene commanders and, to a lesser extent, on the ERU tactical commander. A succession of planning and operational failures, involving the exclusion of family members, friends and professionals from the siege negotiations, and a lack of preparation for an "uncontrolled exit" by Mr Carthy, were found to have brought about his unnecessary death. Training in the use of non-lethal mechanisms was suggested.
The death of Mr Carthy damaged public confidence in the Garda at the time. But attempts by elements within the force to prevent an independent inquiry into the incident compounded the damage. An Oireachtas committee of inquiry was established, following intense public pressure, in 2001. This was fiercely resisted through the courts. The Supreme Court, by a 5 to 2 decision, found that the committee had exceeded its powers in 2002. The Government then appointed the Barr tribunal.
It has taken six years and an estimated €18 million in legal costs to expose the bias and inadequacies of the original Garda report and to formally identify the official failures and miscalculations which led to the killing of this troubled young man. And while Mr Justice Barr has suggested Garda restructuring in relation to the ERU, along with training in the use of non-lethal force and the provision of dog teams, a sense of official urgency is lacking. Abbeylara could, conceivably, happen again.
The Minister for Justice, Michael McDowell, has - quite correctly - apologised on behalf of the State to the Carthy family. It may be some small consolation to know that, in future, any fatal shooting involving members of the force will automatically be investigated by members of the new Garda Ombudsman Commission, who were appointed last year. In addition, a new Garda Síochána Inspectorate, headed by Kathleen O'Toole, will review operational techniques, along with the responsibilities and assignments of armed gardaí within the force.
For too long, elements within the Garda have closed ranks when mistakes were made and have sought to defend the indefensible. In doing so, they have damaged the credibility of the Garda Síochána within the community, and its members collectively, not just those involved in this outrageous and unfortunate case. The Government should formally provide, through legislation or constitutional change, for such investigations into matters of public importance.