An independent inquiry into the circumstances surrounding the arrest and detention of 14-year-old Clonmel schoolboy Brian Rossiter is unlikely to lead to any criminal charges, a barrister representing An Garda Síochána predicted yesterday at an inquest into the teenager's death.
Stephen Byrne, of the Chief State Solicitor's Office, told yesterday's hearing that he would have to take specific instructions but he believed the likelihood of criminal charges being brought on foot of the inquiry by Hugh Hartnett SC was "very small".
Mr Byrne was responding to a query from Cork city coroner Dr Myra Cullinane, who said her main reservation about proceeding with the inquest now was whether it might prejudice any criminal proceedings that are likely to follow from Mr Hartnett's inquiry.
However, Cian O'Carroll, solicitor for Brian's parents, Pat and Siobhán, said it was impossible to speculate on what recommendations Mr Hartnett might make and pointed out that it was for the DPP to decide on any criminal proceedings on foot of Mr Hartnett's report.
Brian fell into a coma while in Garda custody in Clonmel Garda station on the night of September 10th/11th, 2002, after being arrested for a public order offence.
He died at Cork University Hospital two days later, September 13th, from head injuries.
Mr O'Carroll told the hearing that one of the terms of reference for Mr Hartnett's inquiry was whether any members of An Garda Siochána assaulted Brian during his arrest and detention and "that was potentially a criminal offence".
Mr O'Carroll said the Rossiter family was anxious the inquest would proceed but they believed there was merit in awaiting Mr Hartnett's report as it could remove the need to call some witnesses and make for a more efficient inquest hearing.
Mr O'Carroll pointed out that Mr Hartnett and his inquiry team sat for 80 days and heard evidence from over 100 witnesses including several expert medical witnesses as to what they believed had happened to Brian during and following his arrest.
The inquest would not hear as much evidence as the Hartnett inquiry and the Rossiter family was concerned that there was a risk that the Hartnett inquiry might be influenced by "a less-informed decision by a jury at the inquest" when it returns a verdict, said Mr O'Carroll.
"Their preference would be to have the inquest begin today if Mr Hartnett's report was available, but it is not - their only interest is to get to the truth of what happened their son," Mr O'Carroll told yesterday's preliminary hearing for submissions to the inquest.
Dr Cullinane said she had refrained from holding the inquest pending criminal proceedings against Noel Hanngian, who was charged with assaulting Brian two days before his death, but that case was now finalised and there was no legal impediment to the inquest going ahead.
She had originally intended awaiting the completion by Mr Hartnett's report but given that it was taking much longer than she had expected, she had changed her mind and believed that she should go ahead with the inquest whether or not the report was finished.
Dr Cullinane said that she had written twice to Mr Hartnett's inquiry to try to establish when exactly his report would be completed but she had received no reply to date and she had no idea how close Mr Hartnett was to concluding his report.
Dr Cullinane said she was anxious to proceed with the inquest as quickly as possible and while it had different terms of reference to the Hartnett inquiry, she believed it was important that there was some public examination of the case.
Inquests cannot exonerate or blame anyone but seek to establish the identity of the deceased, where and when they died, the medical cause of death and return a verdict on that basis, said Dr Cullinane, adjourning the inquest until July 26th for mention to allow her consider submissions.