Barr Tribunal: A senior counsel representing gardaí on duty at Abbeylara has walked out of the tribunal after clashing with the chairman over the manner in which the inquiry is being run.
Mr John Rogers SC stood down from the tribunal yesterday after he was accused by Mr Justice Barr of being "gratuitously offensive" in his approach to the chair.
The two figures have frequently clashed during hearings, most recently last Thursday, when Mr Rogers described as "outrageous" a suggestion by the chairman that local gardaí may have fired on John Carthy, in addition to the Garda Emergency Response Unit, during the Co Longford siege in April 2000.
The solicitor for the gardaí, Mr Tom Murphy, took up the criticism yesterday, saying his clients had instructed him to express their concern that the sole member was refusing to listen to their counsel. Referring to Thursday's exchanges between Mr Rogers and the chairman, Mr Murphy contended that when submissions were made by counsel, the chairman's job was to adjudicate without descending to personal abuse.
Mr Justice Barr replied that it had been "quite wrong" of Mr Rogers to interfere with his cross-examination of the State Pathologist, Prof John Harbison, on Thursday. "I was being bullied, and I am not a judge one should attempt to bully." Accusing Mr Rogers of a "disgraceful attack" on the chair, Mr Justice Barr said there was an "odd man out" at the tribunal, "and I hope he might conform with the conduct of others".
After a recess, Mr Murphy said his clients had taken the view that Mr Rogers's position had become "untenable" following the chairman's latest remarks, and he said counsel had withdrawn. The announcement came as Mr Rogers, one of two senior counsel for the gardaí, was due to begin his cross-examination of Prof Harbison on what was the last scheduled sitting day before the Christmas recess.
Mr Murphy applied for an adjournment to allow his clients consider their position.
Mr Diarmuid McGuinness SC, for the Garda Commissioner, also voiced criticism of the chairman's remarks, saying he would be "very unhappy" if they caused a fracture in the tribunal. "I have never seen you being bullied," counsel remarked, adding that he hoped the "season of goodwill" would provide time for the chairman to reflect.
Mr Justice Barr conceded one of his "many" failings was "an element of impatience", but at 73 years of age "I am not going to change".
Adjourning the tribunal until January 13th, he added: "We will all reflect, and that includes me."
Meanwhile, the tribunal announced yesterday it would be seeking fresh information from the Garda Commissioner on ammunition issued to local gardaí at Abbeylara to try to establish whether or not one of them opened fire at the scene.
Mr Michael McGrath SC, for the tribunal, said it wanted details of the distribution of ammunition to all officers, as well any records of returns.
Mr Justice Barr said the tribunal would also recall Det Sgt Seamus Quinn, a Garda ballistics expert, to ask why he did not examine the guns of local officers, and what information stopped him from doing so.
