ERU commander says crossfire risk 'did not happen'

The tactical commander of the Emergency Response Unit (ERU) at Abbeylara has told the tribunal that local armed gardaí did not cause a danger of crossfire.

Det Sgt Gerry Russell said a risk of "blue-on-blue fire", or crossfire, between gardaí should never be allowed to occur, and it "did not happen" at Abbeylara.

Mr John Carthy (27) left his house armed with a shotgun on April 20th, 2000, and began walking up the road in the direction of Abbeylara village.

Armed ERU officers followed Mr Carthy, while a number of armed and unarmed local gardaí were stationed in front of him on the road.

Two of the ERU officers shot Mr Carthy before he reached the local gardaí.

However, one local officer, Sgt Aidan Foley, said he had been moments from discharging his weapon when he heard the first ERU shots.

Counsel for the tribunal, Mr Raymond Comyn, put it to Det Sgt Russell that a UK expert on police use of firearms, Mr Alan Bailey, had told the tribunal that two groups of armed officers moving towards each other presented a "high risk" of crossfire.

"That would be high risk, I agree, however that was not the case here. The plan was for the ERU to move with the subject, and for the local gardaí to remain as back-up, and this is what they did," said Det Sgt Russell. The local gardaí "did not advance" on the ERU, and took cover behind a Garda jeep to allow the ERU officers to handle the situation.

He said he had advised the scene commander, Supt Joseph Shelly, that the local officers should avail of cover if such a situation occurred.

The local officers were under the control of the scene commander, and not the ERU, Det Sgt Russell said. However, he did not have any problem with either armed or unarmed members being at the scene.

"I assumed that anyone who was there would have had a role to play... I would be surprised if Supt Shelly hadn't discussed with them what their role was."

He added that it would not have been appropriate for local officers to be under his control.