A report before the annual conference of the Garda Representative Association (GRA) has criticised both the media and a Dβil committee over their handling of the shooting dead of John Carthy. Mr Carthy was shot in Abbeylara in May 1999.
The association, whose conference opened in Westport yesterday, has provided support for members who are challenging the legal authority of the Dβil Committee on Justice, Equality and Women's Affairs to summon them before its hearings.
The conference yesterday supported motions calling for the extension of free legal aid to garda∅ before tribunals of inquiry or facing legal proceedings arising out of the conduct of their duty.
In its annual report submitted to the conference, the GRA said its legal challenge to the authority of the committee had produced "startling" findings but would not go into what these were.
The association quoted legal opinion that the Dβil committee, in summoning garda∅, was "about to travel a path that was without precedent in Irish Law". The inquiry was suspended as a result of the case brought by the GRA and other representative associations.
The GRA insists the Dβil committee's action is unconstitutional. The report says: "This is a case which will have ramifications not just for An Garda S∅ochβna but for all citizens of this country whom we seek to serve and protect against harm. If we are successful then quite clearly we can proclaim ourselves not just as Guardians of the Peace but also as Guardians of the Constitution on behalf of the people of the Republic of Ireland.
The report also contains strong criticism of the media, accusing them of "reaching conclusions and then presenting the evidence" about the shooting of Mr Carthy, who was under medication for depression when he aimed his shotgun at members of the Garda's Emergency Response Unit (ERU) outside his house in Co Longford.
It refers to "armchair observers" and a "media circus". It praises the Garda's internal investigation and report as "very comprehensive".
It also criticises The Irish Times and Irish Examiner for the decision to publish the names of members of the ERU who gave evidence at the inquest and admonishes the Star for publishing photographs of these garda∅.
"Such as the depths to which newspapers will stoop to sell extra copies: revealing photographs of members of the Garda S∅ochβna involves in the investigation of ruthless criminals, thus leaving them and their families open to threats and intimidation," it says.
Yesterday, the conference demanded the Government provide a full free legal-aid scheme for garda∅ who are the subject of complaint from members of the public.
The GRA annual conference here heard from a report drawn up by its Legal Aid Committee that the association could no longer sustain the legal costs in providing cover for its members.
The association has been in negotiations with the Department of Justice over the extension of the public's free legal aid scheme to assist garda∅. The GRA also wishes to see people who have made "malicious or vexatious" complaints against garda∅ prosecuted.
The Legal Aid Committee has drawn-up new guidelines for court expenses, providing £450 a day for members appearing before sworn inquiries at tribunal hearings; £1,000 per opening day and £500 per day thereafter for appearances in Circuit Court hearings; and £450 per day for legal representation at discipline and complaints hearings before Garda management and the Garda Complaints Board.
The conference unanimously adopted a motion deploring the "total failure" of the Department of Justice to introduce a comprehensive legal-aid scheme for garda∅ for "incidents that take place whilst in the performance of their duties". It also directed the association's central executive committee to ensure that every garda is "briefed on the potential consequences of such failure by the State to introduce such a scheme for members of An Garda S∅ochβna".