The Office of Public Works' failure to provide a tribunal of inquiry into the killing of a man by gardaí with offices has delayed the investigation by months, the head of the tribunal has complained. Mr Justice Barr said suitable offices had been offered to the OPW last July but it had so far failed to sign contracts.
The tribunal is investigating the death of Mr John Carthy in Abbeylara, Co Longford, after he was shot four times by the Garda Emergency Response Unit following a siege at his home in April 2000.
It was set up by the Oireachtas last April after a Supreme Court ruling led to the collapse of an investigation by the Joint Oireachtas Committee on Justice, Equality, Defence and Women's Rights.
The Supreme Court then ruled that the Oireachtas did not have the right to hold inquiries, if it intended to issue findings of fact that could damage the reputation of members of the public.
In an interim report last night to the Oireachtas, Mr Justice Barr said he had been honoured last May to accept his appointment by the minister for justice, equality and law reform, Mr O'Donoghue.
He had hired his legal team by July, and they were ready to proceed with the work on a full-time basis in September 2002. However, no premises or staff were provided until October 14th.
The Bar Council had offered suitable premises in July with appropriate rooms for oral evidence, but the OPW had failed to sign a contract even though it had agreed a rent. This had resulted in major delay in arranging the programme of the tribunal.
The proposed premises would not be available until some indefinite date in 2003, having regard to necessary works, Mr Justice Barr complained.
Since mid-October, the inquiry team had operated from restricted temporary offices offered by the Bar Council and had managed to complete a wide range of preparatory work, he said.
The President of the High Court, Mr Justice Finnegan, has offered the tribunal a courtroom in the Four Courts to hold three days of public hearings in early January during the Christmas holidays.
"Due to pressure of work in the High Court, courtroom space can be made available to the tribunal only for occasional days during legal vacation," said Mr Justice Barr.
He said he would provide the Oireachtas with a full interim report, as required under its terms of reference, once the January hearings were completed and he knew when he could occupy his permanent offices.
"I regret that it is necessary to take that course, but you will appreciate that it has arisen through circumstances beyond my control," he told the Clerk of the Dáil, Mr Kieran Coughlan, by letter.
In a short reply the Office of Public Works said it had provided the tribunal with offices.
"We will be in touch with him about the contents of his letter," said an OPW spokesman.
The Labour Party TD, Mr Joe Costello, said the judge's letter painted "a sorry story of delays and a lack of urgency" in dealing with the tribunal's needs.
"It is over 2½ years since Mr Carthy was shot dead in controversial circumstances.
"This unacceptable delay is effectively undermining the will of the Oireachtas," he said.
