Inquest to hear conflicting evidence

CONFLICTING new evidence from a forensic pathologist will be heard at the inquest into the death of a schoolboy who died days after falling unconscious in Garda custody, a coroner ruled yesterday.

Cork city coroner Dr Myra Cullinane agreed to allow admission of a report from an independent British-based pathologist into the death of 14-year-old Brian Rossiter in Clonmel, Co Tipperary. The evidence, understood to conflict with the findings of state pathologist Dr Marie Cassidy, is to be presented during next month’s inquest into the 2002 incident.

The teenager, from Mount Prospect, Clonard, Co Wexford, was arrested for a public order offence on the night of September 10/11, 2002.

He was taken to Clonmel Garda Station where he subsequently fell into a coma. He died at Cork University Hospital on September 13 from head injuries.

Dr Cullinane heard final submissions yesterday from the legal teams representing the Rossiter family and the State ahead of the full hearing of the inquest at Cork Coroner’s Court on December 4.

The Rossiters’ solicitor, Cian O’Carroll, said his legal team had reports from two British-based forensic pathologists. There are key differences between their findings and those of Dr Cassidy in relation to the time of injury, and in relation to Brian’s use of alcohol and drugs in the days before his death, he said.

He asked to be allowed to put the findings of one of those reports to Dr Cassidy during the inquest.

Barrister Stephen Byrne from the chief state solicitor’s office, representing An Garda Síochána, said the State had no issue with the inclusion of the reports.

Mr O’Carroll asked Dr Cullinane to agree to the inclusion of CCTV footage taken from a shop on September 9-10, which captured images of Brian.

He said the footage could be of use in relation to the issue of his alcohol consumption during this period, and also in relation to his facial injuries.

Dr Cullinane agreed to the request, and also agreed to include the evidence of Mary Furlong and Jemma Rossiter who were among the last people to see Brian alive.

Hospital notes and video evidence will also be presented at the inquest.

However, Mr Byrne raised concerns about the possible disclosure of material during the inquest that could be regarded as breaching the confidentiality of the Hartnett inquiry, set up by former justice minister Michael McDowell to investigate the circumstances surrounding the tragedy.

The inquest is expected to take several days to complete.