THE INQUEST into the death of 14-year-old schoolboy Brian Rossiter yesterday heard from three consultants on when they believed the youngster received the fatal injury that led to his death from a brain haemorrhage after he was found unconscious in a Garda cell.
Consultant neurosurgeon at Cork University Hospital Charles Marks told Cork Coroner's Court he operated on Brian on September 11th, 2002, to remove a blood clot from his brain after he was transferred from St Joseph's Hospital in Clonmel.
Brian had been arrested for a public order offence on the night of September 10th/11th, and fell into a coma while detained at Clonmel Garda station.
Asked by Cork city coroner Dr Myra Cullinane when he thought Brian suffered a fracture to the skull which led to extradural bleeding, Mr Marks said he believed it most likely dated from September 9th. The jury previously heard Brian was assaulted on September 9th by Noel Hannigan.
"I concluded, on the balance of probabilities, that the trauma he sustained 56 hours before [losing consciousness] was the most likely cause of his extradural haematoma and his death. How certain am I? I am not at all certain but that is my conclusion."
State Pathologist Dr Marie Cassidy, who carried out a post-mortem on Brian, said it was an unusual case as Brian had suffered a fracture to the inner part of the skull. This had led to bleeding and put pressure on the brain, which had caused him to lose consciousness and die.
Dr Cassidy said she believed the fracture was from a single impact but she was unable to date it. "It would be wrong of me to say my findings prove one thing or another. What I am asking is can somebody tell me when they saw this injury on this young man? My findings say that I can't date it," she said.
Former British home office pathologist, Prof Christopher Milroy, who reviewed Dr Cassidy's autopsy, said he didn't believe a headbutt or kneeing, as alleged happened in the assault by Mr Hannigan, could account for grazes near the fracture. "It is more likely that the injury which caused the extradural occurred after the 9th - assuming there wasn't an incident before."
Asked by Dr Cullinane to summarise his position, Prof Milroy said: "It [the fatal injury] could have occurred any time from the incident on the 9th to shortly before he was found unconscious and I favour the shorter period."
A Garda inspector told how he cradled Brian Rossiter in his arms as he shouted at colleagues to get medical assistance after he discovered the schoolboy unconscious in the cell. Insp Paul Heffernan, who was then a sergeant, told how when he arrived for work at about 9.30am on September 11th, he met the member-in-charge, Garda Anthony Flynn, who told him he couldn't rouse a prisoner.
Insp Heffernan said he grabbed the keys and went straight to Cell 3 where the prisoner was lying on the concrete plinth with his back to the door. "I turned him over on to his back, his face was very grey, both his eyes were closed . . . straight away I noticed there was no response, no reflex - he was very quiet and emotionless, I didn't think he was dead, but I knew it was a situation that was very serious and very grave.
"I just grabbed him and lifted him clean out of the cell . . . There was evidence of vomit about his mouth and stainings down his chin . . . I was attempting with my right hand to get the vomit and debris away from his mouth."
Insp Heffernan said he shouted twice to get medical assistance and within two to three minutes, a local GP, Dr Ann Mulrooney and a nurse, Anita O'Carroll arrived and began trying to resuscitate the boy whom he later learned was Brian Rossiter.
Solicitor for the Rossiters, Cian O'Carroll, said the family appreciated Insp Heffernan's help.
