Rossiter inquiry may not include boy’s family

MORE than 100 witnesses will be called to give evidence in an inquiry into the death of a teenage boy who fell in to a coma while in Garda custody.

The family of 14-year-old Brian Rossiter may not be among those participating in the inquiry as they believe it is not clear whether it can inquire into how he died and who was responsible.

It is also not clear, Brian’s father Pat Rossiter said, whether they will be able to secure legal representation at the inquiry. A dispute over barristers’ fees and legal expenses has not yet been resolved.

Barrister Hugh Hartnett, chair of the inquiry, said at a preliminary hearing yesterday he wishes to begin his work within two weeks.

Legal representatives of six named gardaí, who are being backed by the Garda Representative Association, will co-operate with the inquiry after accepting the fee structure.

The inquiry is being held under the 1924 Dublin Police Act. A cap has been placed on legal costs, including a maximum amount barristers are allowed to charge per day.

Cian O’Carroll, solicitor for Pat and Siobhan Rossiter, expressed his frustration over not being able to get a straight answer on whether Mr Hartnett agrees Brian was killed and can investigate the reason.

Further, the family is still not clear whether a former garda can be compelled to attend under the terms of the act.

There is also the question of fees. Mr O’Carroll said three barristers he approached had turned down the work while a fourth said he would do it despite the fee cap but was unable to do so for other reasons.

The inquiry is to reconvene on Tuesday, when it is hoped all the outstanding issues can be resolved. By then the Rossiters, frustrated at what they describe as the lack of answers received yesterday, will have to decide whether to participate. They believe the “ball is in the court” of the Department of Justice.

The Department of Justice has promised to pay the Rossiters’ travelling and other reasonable expenses. This is particularly important as they will have to travel to Dublin regularly.

However, Mr O’Carroll will also have to travel from his home in Clonmel and he has questioned why the inquiry is being held there when all the witnesses are from Tipperary. In a letter, Justice Minister Michael McDowell has promised to look again at ongoing expenses needed to run what will amount to a mini-office in Dublin.

The teenager died in September 2002, some days after he was arrested in Clonmel on suspicion of public order offences. After receiving permission from his father that he could he held overnight, he was found in a coma in his cell the following morning. He died two days later.