Barr tribunal: Judge Robert Barr yesterday expressed astonishment that gardaí used cigarettes as a bargaining chip with Mr John Carthy when they knew he was a heavy smoker and was suffering "significant psychological distress".
The chairman of the tribunal intervened during the evidence of Supt Joseph Shelly to ask why at no stage during the night of the siege had gardaí delivered cigarettes to Mr Carthy, who was widely known to be a chain smoker.
Supt Shelly, who was in command at Abbeylara, said he was made aware of Mr Carthy's request for cigarettes when he arrived back on duty shortly before 9 a.m. on Thursday.
At 10 a.m. he sent a garda to a local shop to buy 60 cigarettes for Mr Carthy. However, these were not handed over. Mr Carthy had asked for cigarettes at 3.50 a.m.
Under vigorous questioning from Judge Barr, Supt Shelly admitted that he and the chief Emergency Response Unit negotiator, Det Michael Jackson, had decided that Mr Carthy would not be allowed cigarettes unless he surrendered his gun.
Judge Barr suggested that giving him the cigarettes would have helped to build a rapport with Mr Carthy, and may have calmed him down.
"Did it not cross your mind that you were dealing with a person in a highly-agitated state and you knew that John Carthy was a person suffering significant psychological distress?
"Was one of your objectives not to try to get him to simmer down, and this was a way that might well be achieved?"
Supt Shelly said there had been no safe way to deliver cigarettes.
The tribunal had heard that a member of the ERU had crept to the kitchen window of the Carthy house during the night and seen Mr Carthy asleep in a chair.
"Are you serious, superintendent?" Judge Barr asked."You know Det Russell looked through the window; could you have not left a packet of cigarettes on the window sill at any time that night?
"You know very well that cigarettes could be delivered safely in the middle of the night; the man had a rest."
Supt Farrelly said cigarettes had not been available in the middle of the night.
"They could have been available if you wanted them to be available. Of course, they could," said Judge Barr.
