Local gardai not asked to hand in their guns for inspection after shooting

Two local gardaí, who were behind members of the Emergency Response Unit when they shot Mr John Carthy, were not asked to hand in their weapons after the incident, the Barr tribunal has heard.

Garda Michael Faughnan and Garda Shane Nolan were standing within 25 feet of the ERU officers at the time of the shooting. Both officers said they produced their weapons but did not fire them.

No senior officer asked to inspect their weapons after the shooting.

Garda Faughnan said he and Garda Nolan were positioned in the roadway behind the ERU officers when Mr Carthy left his house carrying a shotgun.

Garda Faughnan said he drew his revolver but kept it pointed towards the ground. As the three ERU members followed Mr Carthy up the road, the two local gardaí walked behind them.

Garda Faughnan said he was prepared to take the place of any of the ERU officers, if "something happened to one of them".

Following the shooting Garda Faughnan was approached by Sgt Aidan Foley, who told him to return to Granard station. "Sgt Foley said there was a meeting in Granard and then he said 'did you fire a shot' and I said no."

Counsel for the tribunal, Mr Raymond Comyn, asked if any senior officer requested Garda Faughnan's firearm. Nobody asked to see his weapon, Garda Faughnan said.

Mr Comyn asked if he made the "duty report" that members were required to provide if they produced or discharged their weapons. Garda Faughnan said he did not because he was told the incident would be subject to an inquiry. Mr Justice Barr asked if anyone had told him not to make the duty report. "No," he replied.

Garda Nolan said he was also asked by Sgt Nolan if he had discharged his firearm at the scene. He said he had not, and was not subsequently asked to give up his weapon for inspection.

"You never received any instructions about your gun or ammunition?" Mr Justice Barr asked. "No. Sgt Foley asked me about firing the gun, but I was asked nothing after that."

Garda Nolan said he had no cause to fire his gun on any previous occasion. He was aware of the requirement to make a duty report, having drawn his firearm, but thought his statement to the Garda inquiry would be sufficient.

The tribunal is inquiring into the fatal shooting of Mr Carthy in Abbeylara, Co Longford, in April 2000.