Nine members of the Garda Emergency Response Unit (ERU) applied this afternoon for immunity from giving evidence to the Abbeylara inquiry into the shooting of Mr John Carthy.
Mr John Rodgers SC took over an hour to make the application to the inquiry sub-committee and asked that his clients, who were responsible for the death of Mr Carthy in April last year, be exempted from giving evidence on the basis that to do so would prejudice them.
He said that an amendment to the terms of reference of the inquiry made yesterday morning, which extended the its powers, had not received the necessary consent and was therefore void.
Mr Sean Ardagh, chairman of the inquiry, accused Mr Rodgers' clients of seeking to frustrate its work and said they were trying to "put a spanner in the works".
Mr Rodgers, however, said Mr Ardagh's "unfortunate words" exemplified why his clients held a "deep, deep, deep want of confidence in the independence of this committee" and insisted the issue of the contentious amendment be dealt with.
The sub-committee is expected to make its decision on Monday morning.
Earlier today, Garda Commissioner Pat Byrne admitted that the gardaí who shot Mr John Carthy were not trained to "shoot to wound".
Mr Byrne said he did not think there was "particular training to shoot someone to wound" and that it was the responsibility of the person with the firearm to decide what to do in such an emergency.
Mr Byrne insisted, however, that during the 25 hour siege in Longford last year "there was a command structure, there was control and there were highly trained people at the scene".
The Garda Síochána were also accused today by Senator Denis O’Donovan of "character assassination".
Mr O’Donovan, a member of the sub-committee of the inquiry put it to Mr Byrne that the internal garda report into Mr Carthy’s death was disparaging as it highlighted his drinking and gambling problems.
Counsel for the Carthy family, Michael O’Higgins SC, added that "scandalous allegations" had been made against Mr Carthy’s sister Marie in the garda report, which stated that the reason she was not allowed into the family home to talk to her brother during the siege was because she was drunk.
At the inquest into Mr Carthy’s death three garda officers testified that she was intoxicated.
She has however denied this and said she had one hot whiskey in a neighbours house in Abbeylara after being driven by gardaí from her work in Galway directly to the house.
Mr O’Higgins said he had anticipated an apology from the gardaí today for the disparaging comments made about Mr Carthy and his family
He said Mr Carthy’s character had been "assassinated a second time" by gardaí in the report in which there was "a very selective use of material".
Chief Superintendent Adrian Culligan, who headed the team which compiled the report, said however it had never been the intention of the gardaí to damage the Carthy family or cause them further hurt.
He said he had highlighted Mr Carthy’s personal problems purely for the benefit of the inquiry.
He added "nobody wanted to happen what did happen".