RTE's lawyers to make submissions to chairman

Barr Tribunal: Lawyers for RTÉ are to make submissions to the Barr tribunal this week ahead of a possible appearance by the station's broadcasters and management as tribunal witnesses.

RTÉ was granted legal representation at the tribunal last May following allegations that the broadcasting service acted irresponsibly in its coverage of events at Abbeylara on the day John Carthy was shot dead by gardaí.

The allegations, made by counsel for the gardaí, Mr John Rogers, related to an edition of RTÉ's Five Seven Live radio programme, broadcast shortly after 5 p.m. on the day of Mr Carthy's death.

Mr Carthy was named as the man at the centre of the siege by the show's presenter, Myles Dungan, the extent of the Garda presence at his house was detailed, and a woman interviewed gave out personal details about Mr Carthy and begged him to leave the house.

Mr Rogers contended that RTÉ failed to exercise reasonable care and restraint and that the broadcast contributed to Mr Carthy leaving the house to be killed by gardaí.

Counsel for RTÉ, Mr David Keane, said at the time that Mr Rogers was "inviting the tribunal to deal with hypothetical". It was his understanding that there was no evidence to prove that Mr Carthy's radio was on or that it had been tuned to RTÉ Radio 1.

The chairman of the tribunal, Mr Justice Barr, ruled that the Five Seven Live programme, along with other media matters, be dealt with in a separate module.

No date has yet been given for the media module. However, it is likely to be held at the end of April. This Thursday, Mr Keane is due to seek a ruling from Mr Justice Barr in relation to the module; however, the contents of Mr Keane's submission are not yet known.

Meanwhile, a former FBI negotiator, Mr Frederick J. Lanceley, finished his public testimony to the tribunal yesterday.

Gardaí had committed no "fatal errors" in their management of negotiations during the siege, he said. However, it would have been preferable to locate the negotiation point at a neighbour's house or local school or church, rather than within the line of fire of Mr Carthy, he told the tribunal.

"I have never seen a perfectly managed situation, but I don't see that the gardaí committed any fatal errors in their negotiations."

Mr Lanceley was the FBI negotiator at the Waco and Ruby Ridge sieges.