The chief Garda negotiator at the Abbeylara siege yesterday denied he laid down terms and conditions with rigidity and no flexibility whatsoever when John Carthy requested cigarettes and a solicitor.
Det Insp Michael Jackson was being cross-examined by Mr Michael O'Higgins SC, lawyer for Mr Carthy's mother and sister. He asked him about Mr Carthy's requests for cigarettes and a solicitor, which in the end were not met.
The tribunal is investigating the circumstances of the fatal shooting of Mr Carthy at Abbeylara, Co Longford, on April 20th, 2000.
Mr O'Higgins said on April 19th, when Insp Jackson started negotiating, Mr Carthy requested a solicitor.
Insp Jackson said he explained to Mr Carthy it was not possible to have a solicitor go into the house but certainly he would get a solicitor to come to the negotiating point.
Mr O'Higgins said that just like the cigarettes, the inspector was going to lay down terms and conditions under which the solicitor would be brought and with the total subjugation of Mr Carthy.
Insp Jackson said that was not his evidence. "I'm putting it to you, that you approached the issue of the solicitor with rigidity and no flexibility whatsoever," Mr O'Higgins said.
Insp Jackson said he disagreed.
On the request for cigarettes, Insp Jackson said he told Mr Carthy they wanted him to put the gun on the floor and stand at the window so that they could see his hands.
The chairman, Mr Justice Barr, said Mr Carthy had a huge mistrust of the Garda. "Looking at it from his point of view, it might enter his head that what you might have in mind was that some member of the team would swallow dive through the window and bring him to the ground."
Insp Jackson said he did consider how Mr Carthy might think. He repeated he would be in front of him. He did not think it was too big a compromise.
On covert delivery while Mr Carthy was resting, Insp Jackson said: "I thought a covert delivery of cigarettes might undermine him and increase his sense of vulnerability. He might well have woken up and been twice as suspicious if we had moved into his zone."