Garda denies colluding with other witnesses

Barr Tribunal: Det Garda Shane Nolan, an armed garda, told the tribunal he arrived at the scene in Abbeylara within two hours…

Barr Tribunal: Det Garda Shane Nolan, an armed garda, told the tribunal he arrived at the scene in Abbeylara within two hours of the armed stand-off between Mr Carthy and gardaí and was positioned at the gable end of Burke's, the neighbouring house to Carthy's.

At 11 p.m., one hour after the arrival of the Emergency Response Unit, Det Garda Nolan said he was briefed by Det Sgt Aidan Foley who told him the ERU were taking over the inner cordon around the Carthy house and he was now in a "back-up" role.

Det Sgt Foley also instructed him that if Mr Carthy left the house armed, he was to remain flexible and allow the ERU room to move, Det Garda Nolan said.

Counsel for the Carthy family, Mr Michael O'Higgins, asked Det Garda Nolan why there was "not a single line" in his statement referring to his "detailed conversation" with Det Sgt Foley.

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Det Garda Nolan replied that he didn't think it was going to be an issue.

Mr O'Higgins said three previous garda witnesses, Det Garda Gerard Barrins, Garda Michael Faughnan and Garda Eugene Dunne, had also made no mention of Det Sgt Foley's "alleged briefing", yet had included it in their sworn evidence to the tribunal.

"You, Det Garda Nolan, are now the fourth to make an error in your statement that is spontaneously corrected in your evidence. Is that correction spontaneous or have there been discussions with people who have given evidence on how matters might be aligned?"

Det Garda Nolan denied he had taken part in any discussion and said he only remembered the briefing when counsel for the tribunal, Mr Raymond Comyn, asked him about it. Mr O'Higgins pointed out that Mr Comyn had not mentioned either Det Garda Foley or the briefing, but that Det Garda Nolan had volunteered the information.

Earlier Det Garda Nolan told the tribunal he had seen Mr Carthy raise his gun to his shoulder "in the firing position" and aim at gardaí moments before he was shot dead.

Det Garda Nolan, who was positioned behind the ERU members who shot Mr Carthy after he emerged from his house carrying a loaded gun, is the only garda to make this allegation. All other Garda witnesses have said Mr Carthy kept his gun at waist height. The allegation was not contained in Det Garda Nolan's statement.