THE FAMILY of teenager Brian Rossiter, who died two days after spending a night in Garda custody in Clonmel in 2002, have secured €200,000, plus costs, in settlement of their claim against the State for alleged wrongful death.
The settlement, made without any admission of liability, was approved yesterday by the president of the High Court, Mr Justice Richard Johnson, who was pleased an agreement had been reached.
The action was brought under the Civil Liability Act 1961 on behalf of the family by Brian's mother Siobhán Rossiter, Harbour House, New Quay, Clonmel, against the Minister for Justice, the Garda Commissioner, the Attorney General and Ireland.
The defendants had denied the claims.
The settlement was made in light of the fact the maximum damages which may be awarded for mental distress in relation to a dead child is set at €25,400 under the 1961 Act.
It was claimed Brian's death was due to head injuries allegedly caused by assault and battery and wrongful acts by members of the Garda Síochána during the arrest and detention of Brian between September 10th and 11th, 2002.
Brian was arrested on the evening of September 10th, 2002, at Upper Gladstone Street, Clonmel, and detained at Clonmel Garda station until the following day. After he lost consciousness during his time in detention and following resuscitation, he was taken to St Joseph's Hospital, Clonmel. He was later transferred to Cork University Hospital where he died on the afternoon of September 13th, 2002.
The action was for damages for mental distress caused to the Rossiter family.
In its defence, the State denied Brian was assaulted, battered or subject to wrongful acts by the gardaí during the course of Brian's detention. It was specifically denied that any head injuries Brian sustained were inflicted by members of the Garda.
The State pleaded gardaí noticed facial injuries on Brian when he was arrested. Prior to detention, the State said Brian was subject to an unlawful assault on September 9th, 2002.
In a letter read to the court, the defendants said they "regret the tragic death of Brian Rossiter and acknowledge the distress suffered by his family in their loss." The letter also stated: "The authorities also accept the earlier findings that the detention of Brian Rossiter was unlawful, that the treatment of persons in custody regulations were not observed properly and furthermore the circumstances of Brian Rossiter's death were not properly investigated at the time."
The family's solicitor Cian O'Carroll said disciplinary proceedings were taken in respect of custodial regulations and some members of the Garda involved were challenging this action. There was no disciplinary action for the more serious offence of holding three children in custody overnight.
Mr O'Carroll said the proceedings had not been taken for financial gain but rather after two years of asking the Minister for Justice and the Garda to deal with the allegations of assault on Brian.
He said the case was settled at the instigation of the Garda Commissioner and the Minister for Justice. He said the State had offered a sum of €200,000. The family had asked that the settlement would be a sum to reflect the sincerity of the regret of the State.