Barr Tribunal: Counsel for gardaí and for the Garda Commissioner have accused the chairman of the Barr tribunal, Mr Justice Barr, of making up his mind on matters relating to the events at Abbeylara before hearing the evidence.
The tribunal is investigating the shooting dead of Mr John Carthy by gardaí at Abbeylara on April 20th, 2000.
The chairman intervened during yesterday's evidence when Mr Patrick Gageby, counsel for Ms Rose Carthy and Ms Marie Carthy, was questioning Supt Martin Maguire about the cigarettes requested by, but never given to, Mr Carthy.
Supt Maguire told the tribunal the cigarettes were not given to Mr Carthy because no safe method of delivery was found.
Mr Justice Barr, who has intervened on the matter of the cigarettes on several occasions, said he was not impressed with that explanation but would let it pass because he did not want to be "flogging" the issue.
Mr John Rogers, counsel for gardaí, stood to protest that the chairman "appeared to have drawn a conclusion" when he had yet to hear all the evidence in relation to the cigarettes.
"I would need a lot of convincing," the chairman replied.
Mr Rogers added that he could not accept the chairman's suggestion that Mr Carthy had been an "inveterate smoker" when he was known to smoke 20 cigarettes a day.
Counsel for the Garda Commissioner, Mr Diarmuid McGuinness, also interrupted to point out that he [the chairman] had not yet heard evidence from the gardaí involved in negotiating with Mr Carthy for the cigarette delivery, yet he seemed to have made an assessment that they would not have been at risk.
"Unless we are in the realms of total fantasy, nobody would be in danger by throwing the cigarettes over the wall. Let me repeat that if there is more evidence, it will need to be convincing," Mr Justice Barr said.
While it was "very illuminating" to hear the chairman's views on the evidence, Mr McGuinness said, he did appear to have made "firm conclusions".
The tribunal was adjourned until June 22nd.
