The parents of schoolboy Brian Rossiter (14), who died after a night in Garda custody, might not participate in an inquiry into the circumstances of his arrest and detention because they believe its terms of reference are too narrow.
Cian O'Carroll, solicitor for Pat and Siobhán Rossiter, told The Irish Times the family is considering their position because they feel the inquiry will be unable to answer why Brian died.
Brian Rossiter was found unconscious in a cell in Clonmel Garda station on the morning of September 11th, 2002, following his arrest on suspicion of a public order offence the previous night. He was taken to St Joseph's hospital in Clonmel and later transferred to Cork University Hospital but never regained consciousness and died there on September 13th, 2002.
Mr O'Carroll pointed out the Rossiter family may opt to pursue a High Court action instituted by Siobhán Rossiter over her son's death as they feel the Government inquiry is being brought under legislation that is overly restrictive.
He said the Dublin Police Act 1924 will limit the inquiry to simply a Garda disciplinary-type forum and that the Rossiters believe the High Court action will provide a better forum to investigate what happened to Brian.
Mr O'Carroll said the promise by Minister for Justice Michael McDowell to pay legal costs did not reflect the market reality of legal fees as charged by senior counsel.
"The figure that's on offer here for senior counsel per day is €1,008 but there's no senior counsel currently before any tribunal in the country appearing for that amount."
