A 26-year-old man today pleaded guilty to the assault of 14-year Co Tipperary boy two days before he fell into a coma in Garda custody and later died.
Noel Hannigan (26) of 41 Cooleens Close, Cashel Road, Clonmel pleaded guilty to assaulting Brian Rossiter, causing him harm, at Cashel Street, Clonmel, in the early hours of September 9th 2002.
Counsel for the State, Rosario Boyle said there was no connection between the charge and the Brian's death.
The boy's father is suing the Garda and the State after his son died on September 13 th2002, two days after being found comatose in a cell in Clonmel Garda Station.
Ms Boyle said Hannigan's assault outside the home of Brian's sister, Sharon, was unprovoked.
The court heard Brian was outside the house with a friend when Hannigan approached them for a cigarette. A verbal altercation ensued and Hannigan butted Brian a number of times and punched him in the jaw.
Hannigan presented himself at Clonmel Garda Station two days later where he made a full and voluntary statement in relation to the assault.
In the statement, he said that he had drunk around a dozen pints of beer on the night of the incident and struck Brian because he thought the victim had made derogatory remarks about his brother.
Hannigan expressed remorse for what he had done.
Counsel for the defendant, John O' Kelly, SC, said his client had been assaulted several times in apparent vengeance for the attack and had suffered stress due to the case.
Judge Michael O'Shea granted his request for a probation and welfare report on the accused and granted legal aid for any medical reports that might be required. The case was adjourned to October 31st.