Barr Tribunal: Cross examination of RTÉ journalist Mr Niall O'Flynn has been delayed for at least two weeks following a submission from lawyers for RTÉ that the ethical conduct of its staff was beyond the scope of the Barr tribunal.
The tribunal adjourned after an hour yesterday when counsel for RTÉ, Mr Patrick Hanratty, objected to the line of questioning taken by representatives of the Garda Commissioner.
Questions asked by Mr Diarmuid McGuinness, relating to Mr John Carthy's right to privacy and the propriety of interviews conducted by Mr O'Flynn, were not relevant to his client, the commissioner, and were outside the remit of the tribunal, Mr Hanratty said.
In establishing the tribunal, the Oireachtas had not intended that the practices of RTÉ should be subject to investigation, he said. The tribunal had been set up to inquire into the "facts and circumstances" surrounding the fatal shooting of Mr Carthy.
This entitled it to look into the fact and the extent of the media coverage, but, he said, "that does not extend to questioning the propriety and ethical misconduct of RTÉ or particular journalists".
The submission was opposed yesterday by Mr McGuinness and representatives for the 36 named gardaí and the Carthy family.
It was "perfectly legitimate", Mr McGuinness said, to question why Mr O'Flynn asserted that Mr Carthy had lost his right to anonymity. RTÉ had been granted representation at the tribunal so they might answer questions regarding their conduct at the scene, he added.
Mr Hanratty was trying to persuade the chairman to "endorse a banal, trite, mechanical analysis" of the events, counsel for the Carthy family, Mr Patrick Gageby said. RTÉ had been aware of the matters relevant to the tribunal for three months, he said, and appeared to be trying to "call a halt" to proceedings as soon as there was "mild criticism" of the organisation.
Mr Justice Barr said he was adjourning the media module to allow all parties to make written submissions to him.
