BARR TRIBUNAL: A retired Garda superintendent said yesterday he had reservations about giving John Carthy back his confiscated gun despite a letter of support from a consultant psychiatrist.
Mr Carthy's firearm was confiscated in August 1998 while gardaí investigated allegations that he was unstable and had threatened to shoot local children in Abbeylara, Co Longford.
Dr David Shanley, consultant psychiatrist at St Patrick's Hospital, wrote to the superintendent in Granard Garda station in October 1998, saying Mr Carthy was "very well" when he last saw him.
Mr Carthy had suffered from depression and had been admitted to St Loman's Psychiatric Hospital in Westmeath on four occasions, always on a voluntary basis.
Mr Denis Cullinane, now retired, said he had felt Mr Carthy was not suitable to carry a gun, but decided to do so on the advice of Dr Shanley.
However, the tribunal heard that a Garda memo which recommended that Mr Carthy's local GP be consulted on the issue was never followed up because the doctor was on holiday.
Mr Cullinane said that no one had come forward to make a statement about the threats and he had felt that he had no other option but to hand the gun back to Mr Carthy.
"In the circumstances I felt I had no legal justification for not giving back the firearm . . . I had to be guided by the advice of the doctor," Mr Cullinane said.
Mr Carthy's neighbour, Ms Evelyn McLaughlin, also told the tribunal of how she was worried about threats he had allegedly made against local children.
John Carthy threatened to "bring down the gun and shoot" children at the Abbeylara handball alley in 1998, according to some locals.
Ms McLaughlin told the tribunal she had not heard the threats, but had heard about them through a third-hand source.
Mr Carthy worked as a labourer for Ms McLaughlin's husband, Brendan, a plasterer, but was sacked after a row between the two men.
Mr Brendan McLaughlin later received a solicitor's letter from John Carthy alleging that he had been unfairly dismissed.
Ms McLaughlin did not make a formal statement to the Garda and said she may have been reluctant to do so given the circumstances of Mr Carthy's dismissal.
However, she said she did not recall being asked to make a formal complaint by gardaí.
