Members of the Emergency Response Unit (ERU) were told at the start of the Abbeylara siege to overpower John Carthy if they had the chance, the Barr tribunal was told yesterday.
Det Garda Anthony Ryan, then of the ERU, said that when he arrived at the scene, a meeting was called by Det Sgt Gerard Russell, attended by other officers and ERU members. "We were told to overpower John Carthy if we got the chance but not to do anything reckless."
The tribunal is inquiring into the fatal shooting of Mr Carthy at Abbeylara, Co Longford, on April 20th, 2000, after a 26-hour siege. He died after two ERU members fired four shots.
Garda Ryan said he heard only two of the shots. At the first shot he heard he saw Mr Carthy take one to two paces. He then heard the second shot. He was a few yards from Mr Carthy on the other side of the wall along the road. At the second shot, Mr Carthy's gun fell out of his hands. He said Mr Carthy did a turn of 90 degrees and he could hear him moaning.
"The gun fell out of his hands and he immediately turned to face me. It all happened in one motion. He had his fists clenched. He moaned or groaned or something and fell on to his back."
Garda Ryan said Mr Carthy made a distinct turn to the left and it happened very quickly.
The chairman, Mr Justice Barr, said it could have been a single effect of the shot.
Garda Ryan said he jumped over the wall and went over to help. One or two other officers were already there. He was asked to hold Mr Carthy's head at one stage. The gun was lying parallel to Mr Carthy's body and within his reach.
Garda Ryan said he went over and moved the gun from that position. One officer administered cardiac pulmonary resuscitation to Mr Carthy and a short time later he was pronounced dead.
Garda Ryan said at no stage did he see Mr Carthy crouching or leaning forward as he walked. His walking stance was normal.
After the fatal shooting, members of the ERU were instructed to go to Granard Garda Station where they met Assistant Commissioner Mr Tony Hickey.
They were told there would be an internal Garda investigation and they handed in their firearms.