Tim Carey argues that if Barry had recognised the court, which he didn't, and taken a lawyer, and the best were available to him, he would almost certainly have been found not guilty. He was charged only with the killing of Private Whitehead, of which he was demonstrably not guilty: his gun had jammed and he hadn't fired a shot. However, the judge took the view that he was one of the "killer gang" and guilty by association. This however, he was not charged with. A decent lawyer could have driven a Chieftain tank through that. However, Barry's Republican principles prevented him from recognising the court. Throughout the trial, he sat twiddling his thumbs, showing no interest in the proceedings: his way of saying, "This is all illegitimate".

Re his "torture": he was roughly handled but not beaten. He did have his arms severely twisted and wore a sling during the trial. Was this torture? If so, it was mild compared to what some other IRA men suffered, for example, having teeth and finger and toenails ripped off with pliers (prongs).

Re failing his exams: he was arrested before he could take the resit. The attack took place at 11 a.m. Barry's resit was at 2 p.m. the same day. He believed he could handle both, which was fairly typical of his swashbuckling attitude. When he failed to turn up, because he was in Mountjoy Prison, he was deemed to have failed.

He had spent too much time drinking, dancing, playing rugby and hurley, and engaged in IRA activity, to do much by way of study. In July he came up to Dublin, from the family farm in Co. Carlow, to work for the exams. However, he didn't: "Had a helluva fortnight, I was drunk every night".

So, he would probably have failed anyway, as by his own admission, in letters to pals, "I have an exam this day week and I know fuck all".

Source: Tim Carey, who has studied the original documentation.

On 14 October 2001, Kevin Barry and nine other IRA men executed during the period were disinterred from the Joy and reburied, 9 in Glasnevin, 1 near his home in Tipperary. Kevin Barry's remains are in Glasnevin Cemetery.