Rossiter family fears restrictions on inquiry into son’s death

THE family of Brian Rossiter are seriously concerned at the scope of the planned statutory inquiry into the arrest and treatment of their son while in garda custody.

Solicitor Cian O’Carroll, who represents the family of the late 14-year-old, claimed some gardaí could avoid being questioned under oath by Hugh Hartnett, SC, who will conduct the inquiry.

The Clonmel solicitor said it was also the Rossiter family’s desire that the statutory inquiry would be held in public.

Justice Minister McDowell has given assurances that all gardaí, retired or serving, would be compelled under current legislation to appear before the inquiry.

However, Mr O’Carroll insisted yesterday the scope of the inquiry could be restricted.

He said: “The problem is that the legislation allows Mr Hartnett to examine, on oath, into the truth of any complaint of neglect or violation of duty by a member of An Garda Síochána.

“That effectively means there must be in existence a complaint against a member before he can inquire into that.

“That isn’t the case at the moment,” he said. “There is a general complaint against the manner in which Brian was treated in custody and that may yet present a difficulty.”

But a department spokesperson said the minister remained satisfied with the proposed inquiry format, which covered “the role of all gardaí who came into contact” with the teenager during the relevant period.

The first draft of the terms of reference will be completed this week.

The spokesperson said “consultation with the relevant parties” continued over the weekend, including legal representatives of the Rossiter family.

Mr O’Carroll, of Lynch and Partners, indicated yesterday he had reservations as to whether the statutory inquiry would answer all questions about the tragic circumstances during the period of the arrest and detention and the subsequent admission to hospital.

The boy died in September 2002, three days after being found unconscious in Clonmel garda station.