An Oireachtas subcommittee which directed gardai to attend hearings on the shooting dead of Mr John Carthy in Abbeylara, Co Longford, did not have the required statutory consent to issue those directions and later concealed the absence of that consent, a court heard yesterday.
Serious implications for certain gardai were raised through questions put by members of the subcommittee, but those gardai were given no notice that such questions were to be put and broadcast live on TG4, Mr John Rogers SC, representing 36 gardai who are challenging the subcommittee inquiry, told the High Court.
At the very heart of this case was his clients' rights to know what was being said about them and to be able to deal with that in accordance with the rules of fair procedures. In relation to the conduct of the subcommittee hearings, one would not even believe those rules existed, said Mr Rogers.
Not only did the subcommittee not have the required consent to issue its directions on April 11th last for the attendance of witnesses, there was a concealment of the absence of that consent when lawyers for the gardai sought documents providing the statutory basis for the subcommittee's actions, Mr Rogers said.
Because of the absence of the required consent, the court should quash the issuing of the directions.
Mr Rogers was continuing his opening of a challenge by the gardai to the inquiry by the subcommittee of the Oireachtas Joint Committee of Justice, Equality, Defence and Women's Rights.
The subcommittee was established last March and has been asked to report on the Garda Commissioner's report on the shooting dead of Mr Carthy at Abbeylara on April 20th, 2000.
He was shot four times by members of the Garda Emergency Response Unit (ERU) following a siege at his home.
The subcommittee began hearings on April 24th last. Nine members of the ERU have applied to be exempted from appearing before the subcommittee and those applications have been put before the Secretary-General to the Government.
In May the judicial review proceedings, in which virtually all aspects of the subcommittee's work are challenged, were taken, and the subcommittee remains "on hold".
A three-judge divisional High Court is hearing the challenge, which is expected to run to July 31st.
Yesterday Mr Rogers said his clients believed the subcommittee was the wrong body to investigate the Abbeylara incident and the investigation should be carried out by a tribunal of inquiry.
On April 24th, after a short adjournment, the chairman said there was no bar on fact-finding by the subcommittee in relation to events at Abbeylara.
Mr Rogers said members of the subcommittee, particularly Mr Alan Shatter TD, had proceeded to ask questions of senior Garda officers. Mr Rogers said these questions carried serious implications for his clients.
There were questions about whether certain members of the ERU had visited the scene after the shooting and hints of possible collusion "to get their stories right".
The hearing continues.
