Rossiter inquiry to hear closing submissions

Legal teams representing the family of Clonmel schoolboy Brian Rossiter (14) and a number of gardaí have until Monday to make…

Legal teams representing the family of Clonmel schoolboy Brian Rossiter (14) and a number of gardaí have until Monday to make closing submissions to the inquiry investigating the circumstances of Brian's death.

Brian fell into a coma while in Garda custody in Clonmel Garda station on the night of September 10th, 2002, and died two days later at Cork University Hospital. A postmortem revealed he died from head injuries.

Last year, following a sustained campaign by Brian's parents, Pat and Siobhán Rossiter, assisted by their solicitor Cian O'Carroll, Minister for Justice Michael McDowell ordered the establishment of a statutory inquiry into the arrest and detention of Brian Rossiter.

The inquiry heard from its last witness on September 11th and it is expected that following the receipt of submissions on Monday, it will take several weeks to complete its report.

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The inquiry was headed by Hugh Hartnett SC. After dealing with procedural matters it began hearing evidence from its first witness on December 5th, 2005.

Over 100 people gave evidence to the hearing including over 30 serving and retired members of An Garda Síochána, as well as some 15 medical witnesses including doctors, nurses and ambulance staff involved in treating Brian after he was reported ill at the Garda station.

The hearing also heard evidence from State Pathologist Dr Marie Cassidy, who carried out a postmortem on Brian's body at Cork University Hospital, as well as two forensic pathologists from the UK including one retained by the inquiry and one retained by the Rossiter family.

Other witnesses to attend the hearing, which sat for 80 days, included a UK video analyst who gave evidence following an examination of CCTV video footage of Brian Rossiter in a Clonmel supermarket on September 9th and 10th.

People who were in Garda custody on the night of September 10th, 2002, also gave evidence.

Both Brian's father, Pat Rossiter, who was called to Clonmel Garda station on the night his son was arrested but did not see Brian, and his mother, Siobhán, gave evidence to the inquiry as did two of his sisters, Sharon and Jenna.

In all, more than 25 civilian witnesses who had dealings with Brian Rossiter in the two days before his arrest gave evidence on Brian's demeanour and how he appeared to them in the two days prior to his arrest.

Brian was the victim of an assault by Noel Hannigan of Cooleens Close, Clonmel, at Cashel Street in the town on September 9th, 2002.

Mr Hannigan, who has pleaded guilty to assault causing harm to Brian and is currently awaiting sentence, was not called to testify.

The inquiry, which sat in private, was held in Dublin but the investigating team did travel to Clonmel for three days when it heard evidence from some witnesses who were unable to travel to Dublin.