The tactical leader of the Emergency Response Unit at the siege in Abbeylara has told the Barr tribunal that it would have been "reckless" to attempt to enter Mr John Carthy's house, even when he was seen "resting" on his couch.
Mr Carthy rested for up to four hours from 4 a.m. during the siege. Gardaí have said they cannot be certain he was asleep. Det Sgt Gerard Russell told the tribunal that Mr Carthy had fired two shots in the direction of the ERU negotiator shortly before 3.30 a.m., but then became quiet. The scene commander, Supt Michael Byrne, told Det Sgt Russell he was concerned that Mr Carthy might try to access the Garda car which was parked in the driveway of the house with the keys in the ignition.
Det Sgt Russell said he felt 4 a.m. would be an opportune time to retrieve the keys and then make a reconnaissance of the house. "I looked through a hole in the frame of the sash window and I noticed John Carthy lying on the couch on the far side of the kitchen with a blanket up to his mid-chest, I spent a long time looking but I didn't see the gun.
"I saw him moving a bit, shuffling from side to side, I wasn't sure he was asleep, he wasn't in a deep sleep anyway."
When asked if this would have been an opportunity to end the matter, by entering the house and overpowering Mr Carthy, Det Sgt Russell said that apart from not being certain Mr Carthy was asleep and not being able to see the gun, the ERU would have to have breached two doors to get into the kitchen where Mr Carthy was holed up.
"During our entry he might have been able to arm himself and then we would have no option but to discharge our weapons.
"If I was to attempt an entry, it would have been reckless, I've never changed my view on that."
