The chief Garda negotiator at the siege in Abbeylara, Co Longford has told the Barr tribunal he shot Mr John Carthy twice from behind because he believed him to be "in the final act of firing" at members of the Garda.
Det Insp Michael Jackson said that following 19 hours of attempted negotiations, Mr Carthy left his house carrying a loaded shotgun. Det Insp Jackson pleaded with him several times to put down his weapon, but the 27-year-old failed to respond, the tribunal heard.
Mr Carthy was walking "briskly" towards the driveway of his house when Det Insp Jackson first saw him.
"I said: 'John it's Mick, please please, drop the gun'." Mr Carthy appeared to glance briefly in his direction but continued to advance out into the road, Det Insp Jackson said. Mr Carthy then opened his gun and removed the cartridge, from the right barrel, threw it away, leaving a cartridge in the left barrel, and closed the gun.
"Immediately on closing the gun John turned towards the command post . . . The gun was pointed at the group of people at the command post and he was marching towards them at a brisk pace in a determined and purposeful manner."
Det Insp Jackson said he believed Mr Carthy was going to fire and cause "serious injury or death" to gardaí. "Because of the danger I perceived, that John was going to fire his weapon at the people at the command post, I felt I had no other option other than to discharge a round from my firearm to stop John killing or maiming someone."
Det Insp Jackson said he shot Mr Carthy in the left thigh to try and minimise the risk to his life. The shot had "no effect" on Mr Carthy who continued to walk briskly, he said.
"I decided to fire a second round because I believed John was about to discharge his weapon." This shot also had no effect, he said. Det Insp Jackson was preparing to fire for a third time when he heard a shot, he believed was fired by Det Garda Aidan McCabe, who was positioned to his right.
"It didn't have any effect on Mr Carthy whatsoever," he said, "he was still moving in a brisk fashion that was very menacing and purposeful with his right hand on the trigger."
Det Insp Jackson had decided to fire again, when he heard another shot fired from his right.
"I saw Mr Carthy fall to the ground on his back with his head near the ditch on the far side of the road from the Carthy residence." Det Insp Jackson denied telling Mr Tom Walsh, a cousin of the late Mr Carthy, that the gardaí "f . . . ed up" the operation of the siege at Abbeylara.
The tribunal continues.
