Gardaí at Barr want peace offering
The fate of the tribunal, which has cost €2 million to date, could hinge on how far Justice Barr goes to heal the rift with the gardaí and their legal representatives.
The tribunal, which is investigating the garda role in the fatal shooting of John Carthy at Abbeylara on April 20, 2000, could descend into farce if members of the force refuse to co-operate.
Four gardaí are due to give evidence today. However, it is not clear if they plan to turn up following Wednesday's walkout. This followed a clash between senior counsel for the gardaí John Rodgers and Justice Barr in December and subsequent submissions to the tribunal from the GRA legal team over Christmas.
Before the withdrawal of the garda legal team, Justice Barr made it clear he would continue proceedings whether or not gardaí were in attendance. He also warned he would summon any officers who failed to turn up for their scheduled appearances.
The GRA team met yesterday to consider its options which could include seeking an injunction from the High Court to stop the work of the tribunal but indications suggested otherwise.
"What we're endeavouring to do is find some mechanism that would get us into the tribunal or do something," said Chris Lee, GRA vice president.
"We cannot stay out forever. We will have members still at the tribunal who will require representation."
Mr Lee stressed there was no question of gardaí not wanting to give evidence.
The tribunal continued as normal yesterday with the examination of medical and pathological evidence.
Professor Jack Philips, a neurosurgeon at Beaumont Hospital detailed his analysis on the injuries caused to Mr Carthy when he was shot four times by members of the Emergency Response Unit.
Professor Philips said it was his belief that Mr Carthy didn't react to the first bullets that hit him, and this led him to conclude Mr Carthy was in an "altered state of mind".
Counsel for the Carthy family, Michael O'Higgins claimed Professor Philips was basing his findings on evidence from gardaí at the scene, who have repeatedly alleged Mr Carthy showed no reaction to the first three shots.
Mr O'Higgins suggested the professor should look at the scientific evidence, rather the garda accounts in this case, saying it was yet to be decided if the recollection of gardaí at the scene was correct.
