CLONMEL SCHOOLBOY Brian Rossiter was more likely to have suffered the injury which caused his death a matters of hours rather than days before he lost consciousness if tissue samples from a brain membrane were representative, a forensic pathologist told the inquest into the boy's death yesterday.
Prof Anthony Busuttil of Edinburgh University outlined three possible scenarios which, he said, might account for the fatal injury which led to the boy being found unconscious in Clonmel Garda station on September 11th, 2002.
The first was that the trauma which caused extradural haematoma and led to Brian's death was sustained on September 8th/9th, corresponding to the time at which he was assaulted by Noel Hannigan.
The second was that Brian suffered an injury on September 8th/9th which caused minor damage, but that he later suffered an injury which aggravated the damage caused by the first injury and led to the extradural bleeding.
The third was that the injury Brian suffered on or about September 8th/9th was not serious and he had a separate injury on or about September 10th which led to the extradural bleeding, he said.
Prof Busuttil said it would be difficult for him to come to "any secure incontrovertible conclusion" on the basis of the evidence available, and he could not "scientifically come down" in favour of any one of these possibilities.
Questioned by the Rossiters' solicitor Cian O'Carroll, Prof Busuttil said that while he couldn't exclude the possibility that the injury was sustained on September 8th/9th, he believed on the balance of probabilities that it was more likely to be one of the other two possibilities.
Prof Busuttil explained that there were reports of Brian having cycled after the assault by Noel Hannigan, and this indicated that his co-ordination was functioning and that he was not lapsing into unconsciousness, which was a significant point. Questioned by counsel Mary Ellen Ring for six named gardaí, Prof Busuttil agreed he could not give a "cast iron" assessment as to when Brian suffered the fatal injury.
Cork city coroner Dr Myra Cullinane will begin summing up this morning and the jury is expected to retire to consider a verdict after hearing evidence from about 30 witnesses.