Judge agrees to recall psychiatrist

Barr TribunalThe chairman of the Barr tribunal investigating the fatal shooting of Mr John Carthy at Abbeylara, Co Longford, has agreed to recall Dr David Shanley, Mr Carthy's psychiatrist, to the stand.

Judge Barr reached his decision following a week of legal argument over the failure of the gardaí to bring the Dublin-based psychiatrist to the scene the night the siege in Abbeylara began.

Dr Shanley, who was treating the 27-year-old for manic depression, did not arrive at Abbeylara until the second day of the siege and did not have an opportunity to speak to his patient before Mr Carthy was shot dead by gardaí after emerging from his house carrying a loaded shotgun.

On Tuesday, the first day of sittings this week, counsel for the gardaí, Mr John Rogers, called for the tribunal to be adjourned after Judge Barr put it to Det Sgt Gerard Russell, tactical commander of the Emergency Response Unit, that there would be "expert evidence" likely to criticise the Garda handling of negotiations with Mr Carthy.

The following day Mr Rogers submitted that Dr Shanley be recalled before the ERU negotiator, Det Sgt Michael Jackson, took the stand.

Mr Rogers said the chairman had suggested that the Garda negotiations "were doomed" from the outset because of Dr Shanley's absence.

On Thursday counsel for the tribunal, Mr Michael McGrath, agreed to Dr Shanley's recall before the evidence of Det Sgt Jackson.

In his ruling yesterday, Judge Barr said he did not consider it necessary that Dr Shanley be heard before Det Sgt Jackson, but said he would agree to it so that Det Sgt Jackson would have "no doubt whatsoever as to the fairness of the procedures".

The tribunal will resume on Tuesday. However, Dr Shanley will not be recalled until September.