Father hits out over son’s death in garda custody

THE father of a 14-year-old boy who died after being found in a coma in garda custody yesterday described the Garda Siochána and the Department of Justice as “untouchable” to public accountability.

Brian Rossiter died two days after being discovered in a comatose state in Clonmel garda station in September 2002.

His family have campaigned since then for an inquiry into the circumstances surrounding his death but have been refused access to medical files and other documentation.

His father, Pat, and mother, Siobhán, confirmed at the weekend they are taking civil proceedings in the High Court against the State alleging wrongful death. Pat Rossiter said yesterday that all their efforts to get information about their son’s death have been rebuffed by the gardaí and by the Department of Justice.

“We want answers. We want to know what happened our son. Surely, someone can instruct the gardaí to do that.

“It seems laughable that the Minister for Justice Michael McDowell cannot get information from the gardaí.”

Mr Rossiter spoke of his frustration at their efforts to establish the full facts surrounding their son’s death.

He told RTÉ: “A 14-year-old boy comes out of a police station dead and, basically, nobody seems to care.”

Mr McDowell said yesterday that he has requested a full report from Garda Commissioner Noel Conroy into the circumstances of Brian Rossiter’s death.

“I will not be commenting further until I receive it,” he said.

Immediately after Brian’s death, gardaí launched an internal investigation that concluded he had not been mistreated while in custody.

According to gardaí, he died as a result of an unrelated assault that happened two days before he was brought into custody. A person is currently facing a criminal prosecution on foot of that incident.

Brian Rossiter was arrested by gardaí in connection with an incident in which a shop window was broken. His father, Pat Rossiter, consented to his being detained overnight, on the provision that he be present if Brian was asked to make a statement.

Solicitors acting on behalf of the family have made frequent requests to the Department of Justice and Minister McDowell to release files on the case.

But the department has refused on the grounds that there are ongoing criminal proceedings.

Yesterday, Mr Rossiter reiterated that a detective had told him at the time of his son’s death that Brian had been on a four-day ecstasy and alcohol binge.

However, no traces of either drugs or alcohol were found in two separate toxicology tests carried out during the post mortem.

In addition, another young man detained at the same time as Brian Rossiter alleged he (the young man) was assaulted by gardaí.