Family angry about inquiry into teenager's death

The family of teenager Brian Rossiter, who died after falling into a coma while in garda custody, are angry about the proposed inquiry into his death and may decide not to co-operate with it, their solicitor warned today.

Cian O’Carroll said the family felt the terms of reference for the investigation did not go far enough and should be completely reframed to uncover why Brian died.

The 14-year-old died in September 2002 after being found unconscious in a cell at Clonmel Garda station two days earlier.

He had been arrested on suspicion of committing a public order offence.

The boy’s parents claim he died following an assault while in custody in Clonmel Garda Station, but gardaí have said the assault was due to a fight with an older man days earlier.

In June this year, Justice Minister Michael McDowell announced an inquiry into the teenager’s death, but today Mr O’Carroll said the family were unhappy about the scope of the investigation.

“The family are very angry about the terms of reference for the inquiry,” Mr O’Carroll said.

“The inquiry itself has been established really under the 1924 Dublin Police Act and it forms what you could best describe as some kind of Garda internal disciplinary forum.”

According to the solicitor, the terms of reference for the inquiry names seven gardaí, one of whom is retired and therefore may not be covered by the probe, and sets out six specific allegations.

“The problem is none of those allegations come close to the real nub of this case, which is why was Brian Rossiter killed as a result of the actions of gardaí on the night,” Mr O’Carroll told RTÉ Radio.

“That is surely the essence of this – if a 14-year-old boy dies in custody and there’s no adequate explanation for that, the inquiry must go further than just asking ‘was he assaulted?’.

“It must say, ‘did his death arise from that?’,” he said.

“What the family want is an inquiry which is properly framed to answer all of the vital questions and to make all the people who have something to answer, accountable,” he said.

“A proper inquiry needs to be instituted under the Commission of Investigation Act 2004 – that’s the act Michael McDowell brought in to provide the Irish people with a nice streamlined and cost-effective method of inquiring into matters of vital public issue.”

Mr O’Carroll said the Department of Justice seemed to be attempting to limit and control the scope of the inquiry and said the family may choose not to take part, but instead pursue their case of unlawful killing against the Minister, Garda and State in the High Court.