Rossiter inquest adjourned until release of report

THE inquest into the death of Brian Rossiter, who died two days after falling unconscious while in Garda custody, was further adjourned yesterday following a request from his family to await the publication of an independent inquiry into the circumstances of his death.

The Rossiter family asked Cork City Coroner Dr Myra Cullinane to delay the full inquest into the death in 2002 of their 14-year-old son to allow her consider evidence that will be in the Hartnett Inquiry.

The family’s only interest is that they get to the truth behind the death of their son, their solicitor Cian O’Carroll said.

Witnesses who gave evidence to that inquiry may also be called to give evidence at the inquest, which will be held before a jury.

The Government appointed senior counsel Hugh Hartnett to conduct a sworn inquiry into the circumstances surrounding Brian’s arrest and detention five years ago.

The teenager was found unconscious in a cell in Clonmel Garda Station on the morning of September 11, 2002.

He had been arrested the previous night for a suspected public order offence. He died at Cork University Hospital on September 13.

The inquiry began hearing evidence from its first witness on December 5, 2005, and took its last sworn testimony on September 11, 2006.

More than 100 witnesses gave evidence over about 80 days.

However, Cork Coroner’s Court was told yesterday that there is still no indication of when its final report will be published.

Dr Cullinane said she has communicated twice with the inquiry team but has had no reply.

Mr O’Carroll said the Department of Justice informed him two weeks ago that it did not know when the report will be published.

He said while the family is anxious to hear from the inquiry team, it would be inappropriate for them “to encourage it along”.

Brian’s parents, Pat and Siobhan, understand that there is a process, Mr O’Carroll said.

“While they do want things to move quickly, they do accept that there may be procedural delays.”

The inquiry had six terms of reference — the second of which was to examine whether Brian was unlawfully assaulted by members of the gardaí.

It is understood that up to six serving members and one retired member of the force were the focus of this part of the inquiry.

Solicitor Stephen Byrne, from the Chief State Solicitor’s office, representing the gardaí, said that the likelihood of criminal proceedings arising from the report is “very small”.