Inquiry into boy’s death too limited, says Labour leader

AN inquiry into the death of 14-year-old Brian Rossiter is too limited to investigate the full circumstances of the tragedy, Labour party leader Pat Rabbitte said yesterday.

The inquiry, to be carried out by Hugh Hartnett SC, will examine the circumstances leading to the death of the Clonmel boy on September 13, 2002, and his prior treatment in garda custody.

“It has become increasingly clear that there are serious aspects of the Brian Rossiter affair which require investigation but which will be outside the limited remit of the inquiry announced by Justice Minister Michael McDowell,” said Mr Rabbitte.

He said the inquiry, set up under section 12 of the Dublin Police Act, was empowered to examine on oath “the truth of any change or complaint of neglect or violation of duty preferred against any members of the Garda Siochana”.

Mr Rabbitte said there were at least three problems with the procedure.

Firstly, it was an adversarial system, as opposed to a fact-finding mission, and that the gardaí involved would “no doubt” forcefully point this out.

Secondly, the inquiry will not be able to examine, what Mr McDowell called, the “dilatory” response of the department when first contacted by the Rossister’s solicitor, Cian O’Carroll.

Thirdly, Mr Rabbitte said the inquiry could not examine the “bizarre revelations” regarding the handling of the prosecution case against Noel Hanningan.

Clonmel man, Mr Hannigan, was charged in March 2004 with assault causing serious bodily harm and manslaughter of Brian Rossiter. These charges were withdrawn, without explanation, last month.

Mr McDowell revealed this week that the charge was “laid in error” and did not have the authorisation of the Director of Public Prosecutions (DPP) James Hamilton.

The DPP has announced an inquiry into the matter.

Mr O’Carroll said the family also believed the terms of reference were too narrow and that the role of the DPP and the department should be included.

A spokesperson for Mr McDowell said the minister was “confident” Mr Hartnett’s inquiry could examine the circumstances of Brian Rossiter’s death.

She said the minister had no power to inquire into the workings of the DPP, as it was an independent office.