Report on Carthy killing will not be released until Dail resumes in October

The Minister for Justice has deferred publishing the Garda report on the circumstances in which members of the force killed Abbeylara…

The Minister for Justice has deferred publishing the Garda report on the circumstances in which members of the force killed Abbeylara man Mr John Carthy until the Dail resumes in October.

Mr O'Donoghue said yesterday the report would be released to the public through the Joint Oireachtas Committee on Justice, Equality and Women's Rights.

A Department of Justice statement yesterday said Mr O'Donoghue would ask the committee to "consider sympathetically" forwarding the report to the Carthy family before it entered the public domain.

Mr Carthy was shot four times by the Garda Emergency Response Unit following a siege at the family's Co Longford home in April.

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Mr O'Donoghue's statement follows the presentation of a one-page report from the Director of Public Prosecutions to the Carthy family by a garda on Thursday morning. It concluded that the gardai involved had no case to answer and that none would be prosecuted.

Ms Marie Carthy, a sister of John Carthy, yesterday described the DPP's decision on the case as "appalling" and "very disappointing". "I'm very disappointed at the decision and my mother feels much the same. It's appalling and no one in the family is feeling great in the circumstances," said Ms Carthy.

Asked whether the family had expected a prosecution, she said: "Well, something went wrong somewhere on the day John was shot. It shouldn't have come to that stage in the first place where he was so long in the house. They knew about his medical background and history.

"I just want to know all the reasons why they didn't meet John's request for cigarettes. I want to know why I wasn't allowed to talk to him and I want it all to be made public."

She said her solicitor would contact the gardai involved in the case to put such questions to them.

The statement yesterday said Mr O'Donoghue had already agreed in the Dail that the findings of the Garda inquiry should be referred to the committee "as soon as this could be appropriately done, and taking into account that the DPP has now indicated that no persons are to be prosecuted in relation to the death, the Minister proposes to take that approach".

The Minister is said to be concerned that some parties could view the report, which details the actions of named or identifiable people, as objectionable or defamatory. The ail committee is covered by Dail privileges not extended to the Minister.

However, Mr Jim Higgins, of Fine Gael, a member of the committee, said it was "totally unacceptable" that the report would not be published until October and said did not see what prevented the Minister from immediately referring the report. He added the committee could have held an emergency session within the next two weeks.

"This report cannot be kept under wraps away from the family and the public any longer," he said.

Mr Higgins said the Minister and the Garda Commissioner, Mr Pat Byrne, would be called as witnesses before the committee. The Labour party deputy leader, Mr Brendan Howlin, also a member of the committee, said he agreed that "first sight" of the report should be given to the Carthy family. Ms Carthy again called for a public inquiry to be carried out independently of the gardai. An inquest into Mr Carthy's death will be held in early October.

"Basically, all we want is the truth," Ms Carthy said.