Counsel tells chairman there is 'no evidence' of fifth shot

Barr Tribunal: Counsel for gardaí on duty at Abbeylara when John Carthy was shot dead in April 2000 has criticised the sole member for hypothesising about a fifth bullet being fired when there was "absolutely no evidence" of one.

Mr John Rogers SC said he objected to Mr Justice Barr's "outrageous" suggestion that local gardaí may have fired on Mr Carthy in addition to the Garda Emergency Response Unit.

His objection was supported by Mr Diarmuid McGuinness SC, for the Garda Commissioner, who said an inference by the sole member that no evidence had been given about the possibility of a fifth shot was not true. Mr McGuinness said two local gardaí, Sgt Aidan Foley and Garda Eugene Boland, had both told the tribunal they did not fire shots.

But Mr Justice Barr replied: "They may not necessarily be telling the truth".

"That is outrageous," Mr Rogers retorted.

The exchange came during the third day of evidence by the State pathologist, Prof John Harbison, about an unexplained wound to Mr Carthy's right calf.

Observing that no bullets were recovered from the scene, Mr Justice Barr said the possibility of the wound being caused by a fifth bullet, rather than one of the four ERU bullets exiting and re-entering Mr Carthy's body, had yet to be fully examined.

The sole member remarked that Det Sgt Foley had made a "very strange observation" at the scene about him and Garda Boland having to confront Mr Carthy themselves. In fact, the evidence "rather suggests there may have been a fifth bullet", Mr Justice Barr said.

Describing such a claim as unfounded, Mr Rogers said he objected to the sole member putting questions to the witness based on evidence which had not been given.

Mr Justice Barr said Mr Rogers was mistaken if he thought the sole member would sit "like a figure of wood or stone" during hearings.

Concluding his direct evidence, Prof Harbison said he looked upon the calf wound as a "re-entry" wound, although this presupposed Mr Carthy was engaged in a "high-stepping movement" when shot.