Family of Brian Rossiter settle action against State

The family of teenager Brian Rossiter, who died two days after spending a night in garda custody in Clonmel in 2002 have settled their claim for alleged wrongful death against the State for €200,000.

The case was settled today for €200,000 plus costs before the President of the High Court Mr Justice Richard Johnson. The settlement was made without any admission of liability.

The action, brought under the Civil Liabilities Act 1961, was taken on behalf of the family by Brian's mother Siobhan Rossiter Harbour House, New Quay, Clonmel against the Minister for Justice, the Garda Commissioner, the Attorney General and Ireland arising out of the 14-year-old's death a few days he lost consciousness after he was detained by Gardaí in Clomnel in September 2002. The State had denied the claims.

Mr Justice Johnson approved the settlement and said he was pleased that an agreement had been reached between the parties.

The settlement was made in light of the fact that the cap for the level of damages for mental distress under the Civil Liability Act 1961 is set at €25,400.

It was claimed that Brian's death was due to head injuries allegedly caused by the assault and battery and wrongful acts by members of the Garda Síochana in the course of their arrest and detention of Brian between September 10 and 11, 2002.

The claims was also for the loss of financial dependency at the time of Brian's death and into the future and for the funeral and other expenses incurred due to Brian's death.

In its defence the State denied that Brian was assaulted, battered or subject to wrongful acts by the Gardaí during the course of Brian's detention.

It was specifically denied that any head injuries Brian's sustained were inflicted by members of the Gardaí.

The state said that the Gardaí noticed facial injuries and a black eye on Brian when he was arrested.

Prior to this detention the state said that Brian was subject to an unlawful assault on September 9, 2002, when he sustained head and other injuries.

In a letter read to the court, on behalf of the Chief State Solicitor confirming the agreement, the defendants said that they "regret the tragic death of Brian Rossiter and acknowledged the distress suffered by his family in their loss."

"The authorities also accept the earlier findings that the detention of Brian Rossiter was unlawful, that the Treatment of Persons in Custody Regulations were not observed properly and furthermore the circumstances of Brian Rossiter's death were not properly investigated at the time."

Outside the court Brian's father Pat Rossiter told reporters outside the Four Courts that he felt relieved the proceedings were over.

"It has been a long six years. We will just try and get on with our lives now. It was never a question of money anyway although the family would have preferred their day in court," he said.