The Minister for Justice has said that he is going to recommend the establishment of a Tribunal of Enquiry into the circumstances surrounding the killing of John Carthy at Abbeylara.

Speaking at the Garda College in Templemore, JohnO'Donoghue said he would recommend the establishment of the tribunal under a High Court judge at the earliest opportunity.

His remarks follow this morning's Supreme Court judgement that the enquiry by an Oireachtas sub-committee could not be resumed. The court upheld an earlier ruling made regarding such inquiries by the High Court, but limited it to this particular case.

The Court decided by a majority of five to two that the Oireachtas could not conduct an inquiry which could result in findings of fact and conclusions adverse to the good name and reputation of those who are not members of parliament.

This includes a finding of unlawful killing against such a person. Mrs Justice Susan Denham said there was no power in the constitution for inquiries of this type.

However, both Mrs Justice Denham and her colleagues considered the High Court decision too wide. It had encompassed all such committee inquiries.

The court has limited its decision to this inquiry. Mr Justice Hardiman said it was impossible to anticipate what issues might arise under legislation which did not exist.

The inquiry by an Oireachtas sub-committee had been set up following the fatal shooting of John Carthy by Gardaí in County Longford two years ago.