One of the first gardaí to approach the Carthy house the evening the siege in Abbeylara began told the Barr tribunal yesterday he intended to shoot Mr John Carthy if he emerged from the house armed, even though he had been given no orders to do so.
Mr Carthy was shot dead by gardaí outside his home in Abbeylara, Co Longford, on April 20th, 2000, following a 25-hour siege.
Garda John Gibbons said he feared for his life within moments of reaching the house where Mr Carthy was holed up with a loaded gun. Garda Gibbons told the tribunal that shortly before 5.30 p.m. on April 19th, 2000, he and Garda Colin White were on duty at Granard Garda station when called to Abbeylara.
Before leaving the Garda station Garda Gibbons put on a flak jacket and armed himself with a Smith and Wesson gun.
The gardaí first called to Ms Rose Carthy at the Walsh house. Garda Gibbons said the scene was one of "total panic".
"Everyone was talking at the same time. They were very concerned and frightened." Garda Gibbons said he was given Mr Carthy's mobile number, but did not use it to contact Mr Carthy. Garda Gibbons and Garda White approached the Carthy house in the squad car. "We drove into the driveway of John Carthy's house. We heard two shots coming from the house and we reversed out again."
A second armed garda, Det Jim Campbell, arrived on the scene. He and Garda Gibbons drove an unmarked Garda car back to the Carthy house, while Garda White remained in the marked squad car with Mr Carthy's doctor, Dr Patrick Cullen.
Garda Gibbons and Det Campbell approached the Carthy house in order to talk to Mr Carthy, Garda Gibbons said.
As they made their way around the side of house they heard glass breaking, but Garda Gibbons said it was too late to withdraw. "I thought it wasn't safe to go back. I felt my life was in danger."
Det Campbell knocked on the door of the house and another shot was fired from within, Garda Gibbons told the tribunal. Both gardaí moved to the back of the house where there were no windows.
"Jim told John Carthy to throw out the gun. Dr Cullen's name was mentioned and John Carthy shot at the patrol car."
Four more shots were fired before Det Campbell called for back up. It was a further 45 minutes before more gardaí arrived.
Garda Gibbons was then instructed by a senior garda to stand between Carthy's house and the neighbouring Burke house. Asked by Justice Barr what he would have done if Mr Carthy emerged armed from the house, Garda Gibbons replied that he would have shoot him. He said he had not been instructed to do this.
"That is what you decided to do if the situation presented itself, is that correct?" Justice Barr asked.
"It is," Garda Gibbons replied.
