A Government-appointed inquiry into the death of a 14-year-old boy after falling into a coma while in Garda custody will not be affected by the adjournment of a case of a man accused of assaulting the boy, it emerged last night.
A Department of Justice spokesperson said last night the adjournment of the case against Noel Hannigan, charged with assault causing harm to Brian Rossiter, would not delay or affect the inquiry by Hugh Hartnett SC.
Yesterday at Clonmel Circuit Court the State formally withdrew charges of manslaughter and of assault causing serious harm against Mr Hannigan (25), of Cooleens Close, Clonmel, which the DPP admitted earlier this month were laid without his authorisation.
The department spokesperson said: "Mr Hartnett's inquiry is a statutory inquiry but it will be held in private so it will not affect the court case - it should still go ahead as scheduled."
The inquiry is expected to begin in September.
However, solicitor for the Rossiters, Cian O'Carroll, said the inquiry must be held in public.
"The European Convention of Human Rights, to which Ireland is bound since 2003, would oblige any such inquiry, ie an inquiry into the treatment of people in police custody, to be held in public," said Mr O'Carroll.
"The case law on that from Strasbourg is that such an inquiry be completely transparent and as a result must be held in public by an independent person or body and that they must allow the person in custody or their next-of-kin to be represented, call evidence and cross-examine."
Minister for Justice Michael McDowell ordered the inquiry after Brian Rossiter's parents, Pat and Siobhán Rossiter, campaigned for an inquiry into the circumstances of their son's arrest and detention in Clonmel Garda station on September 10th, 2002. He died two days after falling into a coma in Garda custody.
Gardaí have denied any improper treatment of the boy but say they are prohibited from responding to such claims because the case against Mr Hannigan is still before the courts.
Two days before the boy was arrested on suspicion of public order offences, he was involved in an incident in Clonmel, and Mr Hannigan was subsequently charged with manslaughter and assault causing him serious harm.
Mr O'Carroll said he believed the adjournment of the case against Mr Hannigan should not affect or prevent Mr Hartnett from proceeding as planned with his inquiry.
Prosecution barrister in Mr Hannigan's case, Rosario Boyle, said the State was withdrawing the two charges of manslaughter and of assault causing serious harm which, she said, were "added to the indictment without the authorisation of the director or his office".
Mr Hannigan's counsel, John O'Kelly SC, said a jury would be required to try his client on a remaining charge of assault causing harm.
"It's a substantial case with over 50 witnesses and the defence will be calling evidence," he said.
Mr O'Kelly said the case would certainly "take up an entire week", and it was possible that it could go into a second week. Judge Michael O'Shea adjourned the case until the next sittings of Clonmel Circuit Court on December 6th.
