Barr Tribunal: The chairman of the Barr tribunal has told senior counsel for the Garda, Mr John Rogers, that he was wasting his own time and "flogging a dead horse" in questioning whether cigarettes could or should have been delivered to Mr John Carthy during the siege which ended in the death of the 27-year-old.
Mr Justice Barr said he had already made up his mind that the gardaí could have delivered cigarettes to Mr Carthy if they had wanted to.
Mr Rogers said he was astounded that the chairman would intervene during his cross-examination of Mr Carthy's psychiatrist to say he had already made up his mind on evidence.
"Mr Chairman, you have not heard the totality of the evidence. Frankly, sir, I am amazed at your intervention."
Dr David Shanley, a Dublin psychiatrist who had treated Mr Carthy for bipolar depression, had told the tribunal cigarettes would have been useful in reducing Mr Carthy's agitation.
Dr Shanley also said gardaí had probably aggravated the situation by continuing to ask Mr Carthy to surrender his gun.
Initially it would have been appropriate to ask him to give up his weapon, but when gardaí received a negative response it might have been wise to move on from the issue.
Earlier, Dr Shanley rejected Mr Rogers's suggestion that Mr Carthy had been in a "manic" or elated state during the siege. Mr Rogers had claimed Dr Shanley had a secondary "non-firm" opinion of Mr Carthy's condition.
Dr Shanley said that, although he had not had the opportunity to examine Mr Carthy, it was his professional opinion Mr Carthy had been clinically depressed.
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