Chairman reacts angrily to counsel's suggestions

Barr Tribunal: The tribunal chairman, Mr Justice Barr, has reacted angrily to suggestions from counsel for the Garda Commissioner that he had made accusations of dishonesty against the gardaí at the Abbeylara siege.

Suggestions that he was "accusing" the gardaí of anything, or had already made a determination in relation to the evidence were "offensive" Mr Justice Barr said. He added that it was "unfortunate" counsel for the Garda Commissioner, Mr Diarmuid McGuinness, would "go so low". The dispute relates to questions put by the chairman to several Garda witnesses about the possibility that local gardaí had discharged their weapons during the siege, particularly at the time Mr Carthy was shot dead by members of the Garda Emergency Response Unit.

Mr Justice Barr had conceded the post mortem suggested Mr Carthy was hit by four bullets, all of which came from the guns of the ERU officers. However, he said given the guns of the local officers were not examined after the shooting, it was hypothetically possible that a local man could have fired a shot and concealed the spent cartridge.

It appeared a "monstrous" suggestion that a garda would do such a thing, "while Mr Carthy was lying dying on the road with his life's blood ebbing away," Mr McGuinness said .

The chairman had "developed an obsession" in relation to the positioning in the roadway of one local armed garda, Det Sgt Foley, and appeared to want to believe he had fired his weapon.

The gardaí had not been treated fairly, he added because there was no evidence to back these accusations and because the "accuser" was the chairman.

Mr Justice Barr interjected angrily saying Mr McGuinness had made a "very unfortunate remark" and asked him to retract it. "I have made it clear to you time and time again that I am not accusing anyone of anything and that I have not made up my mind on anything . . . I hope you don't stand over that remark, it is offensive." Mr McGuinness said he did stand over his remarks and he was highlighting these matters to assist the chairman and he "genuinely" intended to be helpful.

"You could have fooled me Mr McGuinness," Mr Justice Barr replied.

Earlier, counsel for the Garda Commissioner, Mr Cian Ferriter, told the chairman it was "a totally implausible scenario" that the RTÉ reporter Niall O'Flynn did not know of Mr Carthy's mental illness when he broadcast his name and personal details.