The family of a 14-year-old boy found in a coma in Garda custody yesterday broadly welcomed the announcement by Minister for Justice Michael McDowell that he is to establish a statutory inquiry into the circumstances of their son's death.
Pat and Siobhán Rossiter had been pressing Mr McDowell for an inquiry into the arrest and detention of their son, Brian, who was found unconscious in a cell in Clonmel Garda station following his arrest in the town on September 10th, 2002 .
Brian was discovered unconscious at around 9am on September 11th and was rushed by ambulance to St Joseph's Hospital in Clonmel. He was later transferred to Cork University Hospital but he never regained consciousness and died on September 13th, 2002.
The family later learned that another juvenile arrested with Brian at the same time on September 10th, 2002 alleged that he was assaulted by a named officer, and that Brian had told him he had also been assaulted by gardaí after being arrested.
The family's solicitor, Cian O'Carroll, had repeatedly written to Mr McDowell requesting an inquiry into Brian's death. On Wednesday, Mr McDowell rang Mr O'Carroll to confirm he was ordering a statutory inquiry headed up by senior counsel Hugh Hartnett.
Brian's father, Pat Rossiter, yesterday welcomed the decision by Mr McDowell to establish an inquiry but stressed that it must be able to take statements from civilians as well as gardaí if it was to answer the questions he wanted answered about what happened his son.
"We certainly welcome Minister McDowell's decision to order an inquiry into the circumstances of Brian's arrest and detention, albeit three years down the road," Mr Rossiter said.
Mr McDowell wrote yesterday to Mr O'Carroll and acknowledged that "the suffering of the family unfortunately had been compounded by dilatory official responses that did not directly address their legitimate concerns regarding the circumstances of his death".
Mr McDowell noted that a man is currently charged with assaulting Brian on September 8th, 2002, and said he was conscious of the danger of prejudicing that case but, notwithstanding that, he believed there remained issues which should be investigated.
"There are a number of issues regarding the appropriateness of his (Brian's) detention, including the question as to whether a medical examination should have been arranged by the Garda Síochána at an earlier stage," the Minister said.
Mr McDowell said that, following allegations that Brian Rossiter may not have been properly treated or cared for while in Garda custody, he was appointing Hugh Hartnett SC to carry out a statutory inquiry into the circumstances surrounding his arrest and detention.
Mr O'Carroll said the Department of Justice had informed him that the statutory inquiry would be carried out under the terms of the Dublin Police Act 1924 which would allow Mr Hartnett to take statements from both gardaí and civilians.
Initially, the department had indicated that it proposed to hold the inquiry under Section 12 of the new Garda Bill, but Mr O'Carroll said that this would have limited Mr Hartnett to calling serving gardaí and would not have allowed him compel retired gardaí or civilians to testify.
Death of Brian Rossiter: what his family wants to know
The Rossiter family, together with their solicitor, issued a list of questions which an inquiry must answer, including:
Why was Brian Rossiter arrested on the night of September 10th, 2002?
Was excessive force used against him in the course of that arrest and, if so, by whom?
Why was Brian, a 14-year-old boy, detained overnight and held alone in an adult cell in breach of the 1984 Treatment of Persons in Custody Regulations?
Was Brian beaten and/or kicked by gardaí while in custody at Clonmel Garda station and, if so, by whom?
Why did the Garda incorrectly inform both of Brian's parents that he had consumed quantities of alcohol and ecstasy on the night of his arrest?
Why was a doctor not called to Clonmel Garda station to examine Brian, given the stated view of gardaí that he had consumed quantities of alcohol and drugs?
Why, given his apparent condition, was he not roused periodically to ascertain his condition in accordance with the Treatment of Persons in Custody Regulations?
Why were ambulance staff and hospital staff incorrectly informed that Brian had been on a drink-and-drugs binge for a number of days and may have overdosed on ecstasy?
Why was State Pathologist Dr Marie Cassidy incorrectly informed by gardaí that Brian had, as stated above, consumed alcohol and drugs and had complained of "worsening headaches" since an assault two nights prior to his arrest?
Why has there been no investigation of written complaints of violence in the course of Brian's detention made to the now-retired superintendent at Clonmel Garda station?
Why was another man charged with Brian's manslaughter only to have that charge dropped?
Why were the complaints of the Rossiter family not dealt with by the Minister for Justice when their solicitor wrote in January 2004 and on subsequent occasions?
Why has it taken the involvement of the media in this case to elicit action from the Department of Justice?