Inquiry due into Rossiter death
tipperary |
crime and justice |
other press 
Thursday June 30, 2005 17:21
by The Informer
At long last
Michael McDowell has also apologised to the parents of Brian Rossiter for the way the case was handled by the Department of Justice.
Inquiry due into Rossiter death
30 June 2005 16:12
The Minister for Justice has announced a statutory inquiry into the death of a 14-year-old boy, who slipped into a coma while in garda custody in Clonmel three years ago.
Michael McDowell has also apologised to the parents of Brian Rossiter for the way the case was handled by the Department of Justice.
Brian Rossiter had been arrested on suspicion of public order offences in Clonmel on the 10 September, 2002, and was held overnight with the consent of his father.
The next morning, he was found to be in a coma, and was transferred to hospital, but died two days later.
Comments (9 of 9)
Jump To Comment: 1 2 3 4 5 6 7 8 9Fair dues to Vincent Browne. I'm not his greatest fan but how come he seems to be the leading opposition figure to this government.
......Al already feels he has answered most of the questions at the end of the article. Fact - eh Al (Noel)?
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Rossiters welcome inquiry into son's death
Barry Roche, Southern Correspondent
The family of a 14-year-old boy found in a coma in Garda custody yesterday broadly welcomed the announcement by Minister for Justice Michael McDowell that he is to establish a statutory inquiry into the circumstances of their son's death.
Pat and Siobhán Rossiter had been pressing Mr McDowell for an inquiry into the arrest and detention of their son, Brian, who was found unconscious in a cell in Clonmel Garda station following his arrest in the town on September 10th, 2002 .
Brian was discovered unconscious at around 9am on September 11th and was rushed by ambulance to St Joseph's Hospital in Clonmel. He was later transferred to Cork University Hospital but he never regained consciousness and died on September 13th, 2002.
The family later learned that another juvenile arrested with Brian at the same time on September 10th, 2002 alleged that he was assaulted by a named officer, and that Brian had told him he had also been assaulted by gardaí after being arrested.
The family's solicitor, Cian O'Carroll, had repeatedly written to Mr McDowell requesting an inquiry into Brian's death. On Wednesday, Mr McDowell rang Mr O'Carroll to confirm he was ordering a statutory inquiry headed up by senior counsel Hugh Hartnett.
Brian's father, Pat Rossiter, yesterday welcomed the decision by Mr McDowell to establish an inquiry but stressed that it must be able to take statements from civilians as well as gardaí if it was to answer the questions he wanted answered about what happened his son.
"We certainly welcome Minister McDowell's decision to order an inquiry into the circumstances of Brian's arrest and detention, albeit three years down the road," Mr Rossiter said.
Mr McDowell wrote yesterday to Mr O'Carroll and acknowledged that "the suffering of the family unfortunately had been compounded by dilatory official responses that did not directly address their legitimate concerns regarding the circumstances of his death".
Mr McDowell noted that a man is currently charged with assaulting Brian on September 8th, 2002, and said he was conscious of the danger of prejudicing that case but, notwithstanding that, he believed there remained issues which should be investigated.
"There are a number of issues regarding the appropriateness of his (Brian's) detention, including the question as to whether a medical examination should have been arranged by the Garda Síochána at an earlier stage," the Minister said.
Mr McDowell said that, following allegations that Brian Rossiter may not have been properly treated or cared for while in Garda custody, he was appointing Hugh Hartnett SC to carry out a statutory inquiry into the circumstances surrounding his arrest and detention.
Mr O'Carroll said the Department of Justice had informed him that the statutory inquiry would be carried out under the terms of the Dublin Police Act 1924 which would allow Mr Hartnett to take statements from both gardaí and civilians.
Initially, the department had indicated that it proposed to hold the inquiry under Section 12 of the new Garda Bill, but Mr O'Carroll said that this would have limited Mr Hartnett to calling serving gardaí and would not have allowed him compel retired gardaí or civilians to testify.
Death of Brian Rossiter: what his family wants to know
The Rossiter family, together with their solicitor, issued a list of questions which an inquiry must answer, including:
Why was Brian Rossiter arrested on the night of September 10th, 2002?
Was excessive force used against him in the course of that arrest and, if so, by whom?
Why was Brian, a 14-year-old boy, detained overnight and held alone in an adult cell in breach of the 1984 Treatment of Persons in Custody Regulations?
Was Brian beaten and/or kicked by gardaí while in custody at Clonmel Garda station and, if so, by whom?
Why did the Garda incorrectly inform both of Brian's parents that he had consumed quantities of alcohol and ecstasy on the night of his arrest?
Why was a doctor not called to Clonmel Garda station to examine Brian, given the stated view of gardaí that he had consumed quantities of alcohol and drugs?
Why, given his apparent condition, was he not roused periodically to ascertain his condition in accordance with the Treatment of Persons in Custody Regulations?
Why were ambulance staff and hospital staff incorrectly informed that Brian had been on a drink-and-drugs binge for a number of days and may have overdosed on ecstasy?
Why was State Pathologist Dr Marie Cassidy incorrectly informed by gardaí that Brian had, as stated above, consumed alcohol and drugs and had complained of "worsening headaches" since an assault two nights prior to his arrest?
Why has there been no investigation of written complaints of violence in the course of Brian's detention made to the now-retired superintendent at Clonmel Garda station?
Why was another man charged with Brian's manslaughter only to have that charge dropped?
Why were the complaints of the Rossiter family not dealt with by the Minister for Justice when their solicitor wrote in January 2004 and on subsequent occasions?
Why has it taken the involvement of the media in this case to elicit action from the Department of Justice?
© The Irish Times
Betty,
Im not Noel, I dotn see why you insist on saying I am. Yes, I soundly beat you the last time we spoke about this.
Want answers, heres some but you wont like them
1. Public order offences, already stated.
2. How the hell do I know? The Gardai involved say that they didnt and there is no evidence that they did.
3. Juvenile cells arent in every station, they are not designed for overnight stays as they have no beds or toilets. He was kept overnight because his parents refused to collect him. why ask this when it was their decision to leave him there?
4. As per answer 2.
5. What difference does it make? Maybe they made a mistake, it happens, Gardai arent doctors.
6. Because doctors arent called unless we believe medical attention is needed. Being drunk does not require medical attention as most of the population can prove.
7. 1984 regulations dont require people to be woken up. they require them to be checked. If the Gardai thought he was asleep and OK then why wake him?
8. See 5.
9. see 5 but also, 2 days before? He wasnt in custody 2 days before so why didnt the parents act on this? The Gardai have to act but the parents dont?
10. Is there any proof of these complaints? Or is this spin?
11. Ask the DPP, its nothing to do with the Gardai at that stage. Maybe there wasnt enough evidence.
12. Because there was a criminal investigation but again, nothing to do with the Gardai.
13. See 12.
There is as much proof against Gardai as there is against the parents. The Gardai rang the parents and asked them to collect their son, they didnt and he died from wounds recieved during an assault two days earlier. The Gardai didnt kill him, the previous assault did. Why is that so hard to understand? If he had been collected and died at home would there be an outcry against the parents?
Your arrogance is breathtaking. You know ALL the answers. Who needs a tribunal of inquiry when we have know-it-alls like you. Shame Michael doesn't give you a ring, imagine all the money you could save the state.
Love the Sexton defence. Of course we can imply from this that you agree that it is not safe for 14 year olds to be kept in custody in a Garda station. Of course it's the parents fault speaking of which aren't the kiddies on their summer holidays. Not got any better things to be doing with your spare time?
Ah, and we return to that do we Betty? the fact that I am a father and therefore should be minding the kids? Ever hear of mothers? Ever here of friends and playing? No, because everyone knows that kids are with their parents 24/7. That is unless your kid is in a cell.
Never said I had all the answers, in fact I didnt even offer dull answers but hey, why would tyhat stop you.
The reality is I offered fully plausable explanations, you have no retort and therefore revert back to the tired old response of my parenting.
Is what is said not plausable? Is some of what I said not plain and simple fact? Is it not a fact that his parents knew about the assault? Is it not a fact that the Gardai wanted the parents to take him home? Is it not fact that he was complaining about headaches 24 hours before he was arrested?
Betty, dont asnwer my questions, to do so would be admitting defeat. Never mind the fact that I answered the questions. You live in your little Garda hating world. In there you dont need proof against the Gardai, in there we are to blame for everything bad that ever happened to you. In there we take responsibility. Is it nice not to have to take responsibility for your actions Betty?
Dear Betty,
Firstly, just to clear up any confusion as to why Brian Rossiter was actually in a cell that night - He and two of his friends were arrested as one of them had broken a window on Mitchell Street. Brian was not under any 'public order charge' as you put it. His parents were not informed of his initial detainment, in fact his dad was strollin along O' Connell Street and a Garda passed off and stopped to tell him 'By the way Pat..' type thing. Pat thought it was his eldest son Shane that was in the station as the Garda did not refer to the boy by his first name. When Pat arrived at the station he was told his son was 'out of his mind' on drink and drugs and that the best thing for him was a night in the cell to 'teach him a lesson'. He followed the advice of the guard. Brian's mother was rang and didn't really want her son to stay in the cell for the night...But the decision was made anyhow. No, the Gardai are not doctors, and so have no right to decipher whether or not a boy of 14years is safe in a cell if he's apparently 'out of control', on drugs, etc. Clearly it was their duty to call a doctor. Why didn't they? The burning question. Why did they ask a friend of Brian's to wake him after they failed to do so? Why put a young boy through that when it was obvious there was a problem??? It's ridiculous.
Had Brian died at home an investigation into his treatment in the station would still have be made. Betty to be honest you've let much roll off your tongue without truly knowing facts. Don't do that, it's wrong and makes no sense at all.
Yours,
JR
brian died from head injuries he recevied in garda custody from detective dan quinlan.every body in this town know that but i cant see them locking up a detective.no mater what u try do u will never beet the gards on a case like this.he is the most corupt shade in this town.a gangster with a badge and an illegal hand gun!!!!!SCUM
Deepest sympathies to Brian Rossiters family for their terrible loss. This kind of thing is happening all over the country, on my brothers first night out he was arrested following a minor scuffle with some old friends, taken to a cell and beaten up. It was only when a family friend contacted us at 3am that we were made aware of what happend. We telephoned the Garda station and demanded that a doctor be called to see him. When we arrived the doctor told us to bring him to hospital immediately for a suspected head injury. He had strangle marks around his neck and a swollen nose. Thankfully the hospital said there was nothing to worry about but how easily could this have been another Brian Rossiter story! Best wishes and support to the Rossiter family in their fight for justice for their young son. This kind of brutality has to be stopped.
As part of International day of actions against state murders and police repression
Sat 20th Dec, 1pm top end of Grafton street.
see:
http://www.indymedia.ie/article/90228
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