A senior Garda officer is to carry out an internal investigation into the circumstances of the arrest of a man whose family is suing An Garda Síochána over the death of his 14-year-old son who fell unconscious while in Garda custody.
The Garda Press Office yesterday confirmed that Commissioner Noel Conroy has appointed a superintendent from outside the Tipperary division to carry out an investigation into the circumstances of the arrest of Pat Rossiter from Harbour House, Clonmel, Co Tipperary.
Mr Rossiter is the father of Brian Rossiter who died in hospital after being found unconscious in Clonmel Garda station on the morning of September 11th, 2002. The family is taking a High Court action against the Garda over Brian's death.
Last week at Clonmel District Court Mr Rossiter was cleared of two public order offences in Clonmel on May 15th/16th, 2005, when Judge Terence Finn dismissed the charges against him and went on to express strong criticism of the Garda handling of the matter.
The Garda superintendent is also to examine Judge Finn's criticisms of gardaí over their handling of the matter in which Mr Rossiter was arrested and prosecuted for being drunk and a danger to himself and others and engaging in threatening, abusive or insulting behaviour.
However, solicitor for Pat Rossiter, Cian O'Carroll of Lynch and Partners, last night expressed scepticism about the appointment of a Garda superintendent and said an independent investigator from outside the Garda should be appointed to carry out the inquiry.
"The appointment of a superintendent from outside the division is essentially the same procedure adopted in the much discredited Garda complaints tribunal which the Minister himself has been critical off - it's also an internal inquiry with all the secrecy that entails."
Yesterday, Mr Rossiter said he is planning to sue the Garda for malicious prosecution and false imprisonment.
Brian's arrest and detention in Clonmel Garda station is the subject of an inquiry headed by Hugh Hartnett SC which was established by Minister for Justice Michael McDowell after the family called for a public inquiry to establish what happened their son.
One of the six named gardaí under investigation by Mr Hartnett was the officer who arrested Mr Rossiter on May 15th, 2005, and Mr Rossiter said he didn't believe the officer's evidence in court that he didn't know who he was when he arrested him.
According to Mr Rossiter, he was brought to Clonmel Garda station where he was placed in the same cell where his son was found unconscious on the morning of September 11th, 2002, and he was held there for 2½ hours before being released without charge.
In a statement issued through his solicitor, Mr Rossiter said the arrest had been upsetting but was nothing when compared to being locked in a cell in Clonmel Garda station.
"I believe that I was placed in the cell where Brian died. They knew who I was when they put me in there and they left me there for 2½ hours.
"All they had to do was charge me and release me, but they left me there all that time."