Ahern: Govt must examiner ruling on garda probe

Taoiseach Bertie Ahern tonight said detailed Government consideration would have to be given to a High Court judgment that could outlaw parliamentary investigations of complaints against the Gardai and other issues.

He made the comment after 36 members of the Garda Siochana today won a courtroom challenge against an Oireachtas Sub-Committee Inquiry into the controversial shooting of a man by members of their emergency response unit last year.

The court ruled that the sub-committee involved was acting outside its powers, did not have the right to make findings of fact adverse to the good name or reputation of citizens and did not comply with the requirements of natural and constitutional justice.

The directive was interpreted in Dublin’s political circles as amounting to a clear threat to the future of all similar parliamentary investigations

It followed a three-day hearing earlier this year of a case against the inquiry, launched by police officers caught up in the investigation.

The affair centres on the death of John Carthy, 27, who was shot dead by gardai outside his home in Abbeylara, Co Longford, in April, 2000, following a siege that lasted more than 24 hours.

Mr Carthy was shot as he left his house carrying a gun.

The Oireachtas Sub-Committee Inquiry was initiated after complaints about the manner of the shooting by Mr Carthy’s family.

After today’s court ruling - which is likely to be challenged in the Supreme Court, the dead man’s sister, Marie Carthy, said she was ‘‘not surprised, but very disappointed’’ at the decision.

She added: ‘‘It does not make sense, we were happy with the work this committee was doing. It had raised an awful lot of important questions that needed to be answered - and still need to be answered, and we would like to thank them for the work they have done.’’

Ms Carthy called on the Government to launch a full public inquiry into the shooting ‘‘sooner, rather than later, so that all of these questions can be answered.’’

PJ Stone, of the Garda Representative Association, said the judgment had vindicated the gardai, and backed calls for a judicial inquiry for the sake of his members and the Carthy family.

He said: ‘‘It is a fact that this has been dragged on for so long by politicians, who should in the first instance not be putting their noses into it anyway.

‘‘I hope that rather than wasting time going to the Supreme Court, the Government will now set up an inquiry so the matter can be dealt with satisfactorily.

Mr Ahern said the outcome of the court proceedings had serious implications for future inquiries, but stressed that it would have to be studied by the government and Attorney General Michael McDowell.

Alan Shatter, a Fine Gael member of the committee involved, said the consequences of the judgment created a major constitutional crisis - and demanded an appeal to the Supreme Court.

He added: ‘‘If that is unsuccessful, then there will have ultimately to be a referendum on the issue.’’