BARR TRIBUNAL: RTÉ has succeeded in its application to stop the Barr tribunal investigating whether Mr John Carthy heard, or was affected by, a radio broadcast aired shortly before he left his home to be shot dead by gardaí.
The chairman of the tribunal, Mr Justice Barr, yesterday ruled that whether Mr Carthy was listening to an edition of RTÉ's Five Seven Live radio programme, broadcast shortly after 5 p.m. on the day of his death, would not form part of the tribunal's inquiries.
However, he said that RTÉ still had questions to answer in relation to their conduct at the scene and their motivation for airing the broadcast.
During the broadcast Mr Carthy was named as the man at the centre of the Abbeylara siege, the extent of the Garda presence at his house was detailed, and three local people were interviewed, one of whom gave out personal details about Mr Carthy and begged him to leave the house.
Mr Carthy fired shots from his house during the broadcast. A short time later he left his home armed with a shotgun and was shot dead by gardaí.
Counsel for RTÉ, Mr Patrick Hanratty SC, last Thursday, submitted there was insufficient evidence to establish whether Mr Carthy heard the broadcast and it could not be determined that the content of the programme had any bearing on his conduct or his decision to leave his house.
He also submitted that attempts by the tribunal to investigate whether Mr Carthy heard the broadcast would be lengthy and costly with very little prospect of reaching a conclusion.
Yesterday Mr Justice Barr concluded the RTÉ submission was "well founded".
"No party has indicated that there is any witness who might establish that John Carthy's radio was turned to RTÉ 1 at the material time on the 20th of April and that he probably heard the Five Seven Live broadcast."
There was evidence, he said, from the Garda negotiator, Det Sgt Michael Jackson, that Mr Carthy's attention was probably occupied by the negotiator's efforts to arrange for his sister, Ms Marie Carthy, and his psychiatrist, Dr David Shanley, to be brought to the negotiation point.
Even if evidence did emerge that Mr Carthy was probably listening to the broadcast, it would remain to be established that this motivated his subsequent actions, Mr Justice Barr said.
"Sadly we will never know what prompted him to do what he did."
However, he added, "this is not the end of the matter". The motivation of RTÉ in broadcasting a plea for Mr Carthy to leave his house had to be investigated, "regardless of whether or not the broadcaster was successful in reaching John Carthy".
It had to be established whether RTÉ was requested by gardaí not to broadcast Mr Carthy's name or personal details, and if it was, why it did not comply. The issues would form part of the media module to be held at a later date, he said.
