The Barr Tribunal has been hearing a recording of a series of interviews broadcast on RTÉ's 5-7 Live programme.
The Tribunal is investigating the circumstances of the fatal shooting of John Carthy by gardaí at Abbeylara three years ago.
The radio programme was broadcast on the day of the shooting.
John Rogers, SC, said the broadcast had meant that members of the Emergency Response Unit were no longer in control of the flow of information to John Carthy, particularly where this information may have agitated him.
The broadcast includes an interview with a neighbour and friend of John Carthy, who was heard begging him to come out of the house.
The woman, Mrs McDowell, also spoke of Mr Carthy's relationship with a woman in Mayo and told how the relationship broke up because he drank and smoked.
The Chairman of the Barr Tribunal has given RTÉ the right to legal representation at the Tribunal.
Legal representatives for the broadcaster said counsel for the Gardaí was inviting the Tribunal to deal with the hypothetical situation that the radio was on in John Carthy's house and was tuned to Radio 1.
Mr Justice Barr adjourned the Tribunal before deciding that RTÉ should be allowed such representation.
Mr Justice Barr said it was also fair that counsel for the Gardaí should be allowed to examine Chief Supt Patrick Tansey on the series of interviews.
