Barr Tribunal: Lawyers for RTÉ have expressed concern that the Garda representatives at the Barr tribunal might try to shift blame for the events at Abbeylara on to the national broadcaster and its radio coverage of the siege.
Mr Patrick Hanratty SC told the tribunal that counsel for the gardaí seemed to be "casting blame or trying to deflect blame" on to RTÉ and trying to "implicate RTÉ in some sort of wrongdoing" in relation 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.
During the broadcast Mr Carthy was named as the man at the centre of the siege, 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 Carthy fired shots from his house during the broadcast and a short time later left his home and was shot dead by gardaí. Counsel for the gardaí contend RTÉ acted irresponsibly in relation to the broadcast.
Mr Hanratty yesterday asked the tribunal chairman, Mr Justice Barr, not to allow the tribunal to inquire into whether Mr Carthy heard the broadcast and whether it would have had an impact on his decision to leave his house.
It was "pure speculation" that Mr Carthy was listening to RTÉ at the time, and the evidence suggested he was not, Mr Hanratty said.
It was impossible to know what impact this might have had upon the 27-year-old, and attempts to investigate the matter would "open a Pandora's box" and draw the tribunal into "a quagmire" of psychologists' and psychiatrists' opinions.
The inquiry would also involve the recalling of Garda witnesses, and the entire process would be lengthy and costly.
"We are not suggesting that the tribunal should not consider the enormous publicity that surrounded the events at Abbeylara, and obviously RTÉ are part and parcel of that as the main broadcaster."
However he asked that Mr Justice Barr make a ruling, prior to the start of the media module, whether or not Mr Carthy heard the Five Seven Live broadcast. He was "slightly disquieted" that the Garda representatives were trying to draw a correlation between the broadcast and Mr Carthy's emergence from the house.
It was their job, he contended, to protect the interests of their own clients and not prosecute a complaint against some other party. The implication was that it was necessary to blame RTÉ to protect the interests of the gardaí.
"The Garda representatives seem to be seeking in some way to cast blame or deflect blame on to RTÉ for the outcome of the events at Abbeylara," he said.
Counsel for the gardaí, Ms Margaret Nerney SC, said it was not the intention of the Garda to "put RTÉ in the dock", but the possible impact of the broadcast was extremely relevant.
The Garda negotiator, Det Sgt Jackson, had been criticised in relation to his conduct of the negotiation process, and it was important to establish whether outside influences had interfered with that process.
Counsel for the Garda Commissioner, Mr Cian Ferriter, said he saw no reason why the chairman should make an isolated finding of fact on this issue, and RTÉ was asking Mr Justice Barr to "unjustifiably fast-forward" this segment of the tribunal.
Mr Justice Barr said he was reserving judgment until next Wednesday.
