Carthys owed expression of regret, says McDowell

Minister's reaction: Minister for Justice Michael McDowell said the State owes "an expression of profound regret" to the family of John Carthy but said the shots that killed him were not unlawful and had been fired by gardaí who believed their lives were at risk.

"I do believe and I think Mr Justice Barr concludes, that the fatal shots were not unlawful," Mr McDowell said. "You are dealing with gardaí who, in general terms on a subjective basis, believed there was a very serious threat to their or their colleagues' lives.

"I'm not here to rubbish the gardaí or to say that individuals engaged in a criminal act on the occasion.

"I do agree with Mr Justice Barr that a more professional approach to the management of the scene could have avoided the particular outcome as a matter of probability, but not with certainty. You just don't know."

Gardaí had already learned lessons in relation to protocols for sieges, that they needed trained officers to deal with such situations.

When asked if he would now meet with the Carthy family to discuss the findings of the tribunal, he said the family had not requested a meeting with him. "I don't know whether a meeting with them at this stage would serve much useful purpose."

He was speaking at a passing out ceremony at the Garda College, Templemore, Co Tipperary.

While the report contained many recommendations on firearms and Garda training and management, much progress had already been made in these areas since Mr Carthy's fatal shooting in April 2000.

"For instance, the fact that it's taken four years for this report to come out says a lot about the requirement which is now catered for in the Garda Síochána Act that the Garda Ombudsman Commission will investigate all fatalities involving An Garda Síochána in the future.

"There are a number of conclusions in relation to the firearms law, I think nearly all of which I have anticipated in the Criminal Justice Bill.

"There are other issues though in relation to the ERU, Garda management, Garda training, which will require a good deal of careful contemplation."

Many of the recommendations were posed by Mr Justice Barr in the form of questioning if various issues should be addressed.

This was an unusual aspect of the report but he said he would consult with his officials and senior Garda management to discuss how the questions raised should be addressed.

Mr McDowell said findings in relation to an assault by two gardaí on Mr Carthy two years before his death was "a very serious matter".

While the matter of prosecutions arising from this assault rested with the Director of Public Prosecutions, this course of action was unlikely because the chief witness, Mr Carthy, was now tragically deceased.