Senior Counsel for the tribunal, Mary Laverty, said she was at a loss to explain why Mr Carty had not turned up.
She said she was aware that he was working in Vienna, but the letters had been signed for with the same name and signature.
Judge Smithwick said he was “very disappointed” that a former Garda Assistant Commissioner had ignored correspondence from the tribunal.
Counsel for the Garda Commissioner said Mr Carty had retired from the force in June of last year and was working in Vienna for “various international policing operations”.
Judge Smithwick said it was very, very wrong for a former senior garda to treat the tribunal “with that sort of contempt”.
He said he would offer Mr Carty an opportunity to appear and give his evidence, warning “I take a very, very strong view if he doesn’t”.
It was, the judge said, a great discourtesy to “totally ignore a summons sent to him”.