The terms of reference for the statutory inquiry into the arrest of a 14-year-old boy who fell into a coma in Garda custody and later died have been released by the Minister for Justice.
Michael McDowell said that Hugh Hartnett SC, who will conduct the inquiry, will have the power to summon witnesses and to examine them under oath about the arrest and detention of Brian Rossiter in Clonmel Garda station on September 10th, 2002.
Brian was found in a coma in his cell the next morning and was removed to hospital, but died on September 13th.
His family later learned that Brian had told a friend who was arrested on the same night that he was assaulted by gardaí while in custody.
Mr McDowell acknowledged that there was public concern that a 14-year-old boy could die after being in Garda custody, and he said that it was in the public interest as well as the interest of both the Rossiter family and the good name of the Garda that there be an inquiry.
The independent statutory inquiry will look into all aspects of the arrest and detention of Brian Rossiter, including whether the circumstances of his death were fully investigated by the Garda, said Mr McDowell in a statement issued by the Department of Justice.
The inquiry's terms of reference include the arrest and detention of Brian, his treatment during his arrest and detention and the provision of information to medical personnel and the State Pathologist, Dr Marie Cassidy.
The terms of reference also include the subsequent Garda investigation into the circumstances of Brian Rossiter's death, including the issue as to whether all witnesses were interviewed, said Mr McDowell.
The statement issued late yesterday afternoon by the Department of Justice made no mention of when the inquiry is expected to start, but it did say that procedures to be followed by the inquiry are a matter for Mr Hartnett.
While the statement said that there is no statutory provision for the payment of legal costs, it did confirm that the Minister is willing to reimburse the legal costs of representation at the inquiry of both the Rossiters and seven gardaí named in the schedule of inquiry.
The officers named are retired Supt Richard Burke, gardaí Gerard Canty, Ann Marie Coogan, Anthony Flynn, Pádraig Frawley, Pádraic Jennings and Det Garda Daniel Quinlan.
Under the terms of the inquiry which is being held under the Dublin Police Act 1924, Mr Hartnett will look into whether any or all of the named gardaí were in neglect or in violation of their duty between September 10th and September 11th, 2002.
In particular, he will inquire into whether they were in neglect or violation of their duty in relation to whether Brian's arrest was unlawful, and whether he was unlawfully assaulted during his arrest and detention.
Mr Hartnett will also inquire into whether there was a breach of the Criminal Justice Act in relation to Brian's detention and whether Brian's detention was unlawful.
And he will also inquire into whether they were in neglect or violation of their duty over whether they wrongfully gave incorrect information to ambulance personnel, medical personnel and/or Dr Cassidy concerning Brian's consumption of drugs and alcohol.
