Inquiry into Rossiter death set to conclude in July

THE inquiry into the death of a Co Tipperary teenager who died after falling unconscious in garda custody is expected to conclude in mid-July, a coroners’ court was told yesterday.

An adjourned inquest hearing into the death of 14-year-old Brian Rossiter was put back for mention again in July by Cork City coroner Dr Myra Cullinane. She was told that criminal proceedings against a young man accused of assaulting the dead teenager will not proceed until after the inquiry was completed.

The inquiry, set up on the order of Justice Minister Michael McDowell, is being held into the circumstances of the boy’s arrest and detention at Clonmel Garda station in 2002.

He had been arrested for alleged public order offences on September 10 that year and was found unconscious in his cell the following morning. After being brought initially to St Joseph’s Hospital in Clonmel, he was transferred to Cork University Hospital but died there on September 13, 2002.

The inquiry being conducted by senior counsel Hugh Hartnett was announced last July and began hearing evidence in private in December. Its terms of reference are to examine the treatment of Brian Rossiter during his arrest and detention, the provision of information to medical personnel and the State Pathologist, and the garda investigation into the death, including whether all witnesses were interviewed.

Noel Hannigan from Cooleen’s Close, Clonmel, has been charged with assault causing harm to Brian Rossiter on September 8 2002, two days before the teenager’s arrest. He is facing proceedings at Clonmel Circuit Criminal Court but Inspector Con Cadogan told Dr Cullinane yesterday that the judge in the case is awaiting the completion of the inquiry.

“Criminal matters are for mention in the middle of this month but I believe the judge has stated the trial will not be going on until such time as the Hartnett inquiry is finished,” he said.

“I believe they are rising tomorrow for two weeks and coming back and it’s anticipated it will run until mid-July. My application is to adjourn the inquest to September.”

The inquest has come before the coroner’s court on a number of previous occasions, but has been repeatedly adjourned because the criminal proceedings are not concluded.

Dr Cullinane said: “I can’t hold an inquest until the conclusion of criminal proceedings pertaining to the death. I’m not precluded from hearing it in the presence of another tribunal of inquiry.”

She agreed to a further adjournment and it will be listed for mention in her court again on July 27.