Jury makes no recommendation after long debate

The jury at the inquest into the death of Mr John Carthy concluded yesterday that the 27-year-old died after being shot by gardai…

The jury at the inquest into the death of Mr John Carthy concluded yesterday that the 27-year-old died after being shot by gardai. The verdict was delivered after deliberations lasting over an hour and a half. The jury declined to make recommendations on the handling of sieges.

"Having listened to all the evidence presented to us relating to the tragic death of John Carthy, we are satisfied the identity of the deceased was John Carthy and that he was shot by gardai at Toneymore, Abbeylara, on 20th April 2000," the verdict read.

The jury, of four women and eight men, extended "deepest sympathies" to his mother, Mrs Rose Carthy, his sister Marie, his relations and friends. It concluded: "May he rest in peace."

The County Coroner, Dr Gerard McDonagh, had given the jury the option of three verdicts: death by misadventure, an open verdict, or one based on medical evidence that he died from injuries he received after being shot by gardai in Abbeylara on April 20th.

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He said a verdict of unlawful killing could not be recorded because the ERU member who fired the shot had been identified. The DPP has already decided that no criminal charges will be brought in the case.

Earlier Mr Patrick Gageby SC, counsel for the Carthy family, told the jurors that they were the "last chance" for the family. He asked them to focus on two pieces of evidence and said Garda statements that Mr Carthy was still standing when the fourth shot was fired "cannot be true."

Mr Gageby said the map detailing where each person was when Mr Carthy was shot showed Det Garda Aidan McCabe was directly behind him.

The State Pathologist, Mr John Harbison, said the trajectory of the fourth bullet was 45 degrees upwards, from right to left. It proved he was "undoubtedly" falling when shot a fourth time. "All other things are essentially peripheral."

Mr Gageby also called on the jury to consider several recommendations to accompany its verdict, and asked it to recommend that non-fatal weapons and additional siege negotiators should be provided to the ERU, and that a person maintaining a siege should get access to a solicitor.

Additional recommendations by him, and not adopted by the jury, were to request the media to adopt a voluntary code of responsible reporting in similar situations, and a review of the law relating to the publication and broadcasting of information in siege situations.

Mr Rory McCabe SC, for the State, said the statement of Det Sgt Aidan Foley was important as he described how Mr Carthy had "veered to the left" moments before he was shot. "That in itself should satisfy you with the trajectory," Mr McCabe told the jury.

He said that if making recommendations the jury should consider the circumstances in which a person is allowed to own a weapon. "If the unfortunate John Carthy did not have a shotgun, this would not have happened."

In a statement after the verdict Mr Peter Mullen, the family solicitor, from Garrett Sheehan & Co, called for a public inquiry into the death. He said the family believed "some question marks still remain as a result of the evidence" and that it merited further investigation.

Mr Mullen earlier confirmed that Mr Carthy had never contacted his firm's offices, where Mr Michael Finucane is an apprentice solicitor.

As the inquest concluded Supt Tom Murphy of Longford Garda station said that on behalf of the Garda Siochana he wished to extend "sincere condolence" to the Carthy family. "We are deeply saddened at the tragic death of John Carthy," he said.