The Oireachtas committee investigating the Abbeylara shooting is likely to begin a lengthy adjournment today to allow nine Garda witnesses to apply for exemption from giving evidence.
The committee meets in private this morning to consider an application by Mr John Rogers SC, for the nine members of the Emergency Response Unit, for an adjournment.
Legally, the committee is believed to have little option but to allow Mr Rogers to seek a certificate exempting his clients from giving evidence.
Under the relevant legislation, he would have up to 30 days in which to apply to the secretary to the Government for such a certificate.
A further delay would then ensue as the secretary would need to obtain an independent legal opinion on the matter. To preserve the independence of his decision, this could not come from the Attorney General, according to legal sources.
The committee, chaired by Fianna Fail TD Mr Sean Ardagh, is investigating the death of John Carthy (27), in Abbeylara, Co Longford, last year. Mr Carthy was shot four times by the ERU after a 25hour siege at his home.
A committee member, Ms Marian McGennis TD, last night admitted it was "a possibility" that the inquiry could be stopped in its tracks. Speaking on TV3, she expressed concern that if the gardai were exempted from giving evidence, their counsel might then object to any other evidence that related to the ERU members.
A legal challenge is considered inevitable if the committee decides to prevent Mr Rogers seeking a certificate of exemption, or if it decides to go ahead with other evidence while he is seeking such a certificate. Such a challenge would also result in a lengthy delay.
The nine ERU members claimed their evidence might affect the investigation of offences or the apprehension of offenders in the future.
The Garda representative bodies are also considering a legal challenge to prevent officers being compelled to give evidence. However, legal sources say this is unlikely to succeed.
Last Friday, the Minister for Justice wrote to the committee in support of the stance taken by the gardai.
Mr O'Donoghue said he shared concerns which had been expressed about ERU members giving evidence and he asked that publicity given to them be minimised.
The Irish Council for Civil Liberties yesterday criticised Mr O'Donoghue's intervention. If the Minister had concerns about the questioning of ERU members, he could have made them known to the committee before the inquiry started, according to the director of the ICCL, Mr Donncha O'Connell.
Whatever its flaws, the committee's inquiry was put in place by the Government, and it was the Minister for Justice who opted for this method of getting to the truth on Abbeylara, he said.
