Uncertainty hung over the future of the Oireachtas subcommittee's inquiry into the Abbeylara shooting last night after nine essential witnesses sought exemptions from giving evidence.
The nine, all members of the Garda Emergency Response Unit, claimed their evidence might affect the prevention, detection or investigation of offences or the apprehension or prosecution of offenders in the future.
Two of them shot and killed John Carthy after a 25-hour siege in Abbeylara, Co Longford, on April 20th last year.
Last night, the possibility that the Garda witnesses might be allowed to give evidence anonymously out of the glare of television cameras, possibly at a closed session, was raised when the Minister for Justice, Mr O'Donoghue, wrote to the subcommittee chairman.
A Department of Justice spokesman confirmed the Minister had written to the chairman but said he was not in a position to disclose the content of the correspondence.
However, it is understood the Minister said he was very much aware of the importance of the task given to the sub-committee by the Oireachtas and the importance of their being able to discharge their duty. He shared concerns which had been expressed in relation to the ERU members giving evidence and asked that the committee might consider how publicity which might be given to the ERU members could be minimised consistent with the need of the committee to be able to discharge its duty.
His comments came after Mr John Rogers SC, for the nine, sought an adjournment of the inquiry while the issue of the exemption of his clients from giving evidence was being considered by the secretary of the Government.
However, Mr Rogers felt if other witnesses were heard before a decision was made on his application it was "as plain as a pikestaff" that it could impugn the good name of his clients who would never get a chance to rebut it in evidence, if their application not to have to give evidence was upheld.
The sub-committee will meet in private session on Monday morning to decide on the adjournment application. In the meantime the directive ordering ERU members to attend to give evidence on Monday has been lifted.
Earlier, the sub-committee chairman, Mr Sean Ardagh TD, claimed Mr Rogers was trying to frustrate the work of the inquiry. He said an earlier legal submission made by Mr Rogers was "trying to put a spanner in the works" of the committee.
Mr Rogers had sought immediate production of an order of amendment, broadening the inquiry's terms of reference, which he suggested had been granted since the inquiry began. "There is a serious legal issue now in relation to the continuance of this committee."
Last night Mr Joe Higgins TD said it was "quite deplorable that counsel for several gardai have consistently sought to frustrate the sub-committee hearing".