Politicians are not precluded from conducting an inquiry into the shooting dead of John Carthy in Abbeylara, Co Longford, simply because they are subject to lobbying and re-election, the High Court was told yesterday.
Mr Frank Clarke SC, for the Oireachtas subcommittee inquiring into the Abbeylara incident, agreed with Mr Justice Kelly that there is probably no other elected body capable of returning a finding of unlawful killing, a finding which, the judge observed, the subcommittee had argued it was authorised to make if the facts supported such a finding.
Mr Clarke said there were other bodies, including Ministers, who make decisions affecting the constitutional rights of persons. The fact Ministers were elected did not preclude them from making such decisions.
Mr Clarke will continue his submissions today.