Parents to take action against state

THE parents of schoolboy Brian Rossiter are to proceed with a High Court action against the State over their son’s death.

Family solicitor Cian O’Carroll said the case, which has been on hold for several months, can proceed and he expects developments early in the new year.

“I think the balance of probabilities-type evidence which was given at this inquest would be very persuasive in a civil case and it would give great optimism for a successful outcome,” he said.

He was speaking after the conclusion of the inquest at Cork City Coroner’s Court in relation to the circumstances surrounding Brian Rossiter’s death in 2002.

The 14-year-old boy died at Cork University Hospital on September 13, 2002, two days after he was found unconscious in a cell at Clonmel Garda Station where he had been detained overnight. He had been subjected to a severe assault by Noel Hannigan, 22, on September 9, two nights before his arrest.

On the final day of the inquest yesterday, city coroner Dr Myra Cullinane summarised the evidence.

The evidence of state pathologist Marie Cassidy suggested Brian Rossiter’s fatal brain injury could have occurred at any time between the assault on September 9 and the morning of the September 11 when he was found unconscious, she said.

The evidence of forensic pathologist Chris Milroy was that Brian’s injuries were not inconsistent with an earlier assault, but that the medical evidence alone suggested the fatal injury could have occurred at a later date.

And of three possible scenarios put forward by Prof Anthony Busuttil, Dr Cullinane said the one she favoured “on the balance of probabilities” was that the fatal injury occurred at a later date than September 9.

But she pointed out that there is considerable conflict on the record, which does not fall to the jury to resolve, and said any verdict must not implicate, blame or exonerate any identifiable party.

“For this reason, the verdict of unlawful killing is not available to you,” she said.

She gave the four men and four women two options — a narrative verdict or an open verdict, which is returned if the evidence does not fully explain the manner or means of death.

And before addressing the jury on possible recommendations to prevent future deaths, she outlined several changes which have occurred since Brian Rossiter’s death.

Since 2005, Dr Cullinane said the Garda Ombudsman has responsibility for investigating deaths in Garda custody. There have also been improvements in the format of Garda custody record sheets which feature five pages of specific and detailed information relating to the person in custody, with a specific reference to the need or otherwise of medical attention.

And gardaí also get formal training in CPR techniques, she said.

She suggested the jury may consider recommending more active observation of persons in Garda cells, the use of CCTV cameras in special observation cells, or the placement of children in emergency foster care or emergency shelter.

The jury deliberated for an hour before returning the open verdict.

They also made two recommendations — that medical attention be called to Garda stations for any individuals, particularly juveniles under 17 years of age, if there are any obvious signs of injury or sickness; and that social services should be available to gardaí at all times.

Dr Cullinane offered her deepest sympathies to the Rossiter family.

“His loss must have been keenly felt by his family and his wider community. I hope the passage of time has dimmed the anguish somewhat.

“The loss of any young person is difficult to bear — I can only hope that Brian’s passing has not been in vain.”