More fishiness in the Brian Rossiter case

Wonder how that happened Al?

The Director of Public Prosecutions has started an inquiry into how two additional charges were made without his authorisation against a man already charged with assaulting Brian Rossiter.

DPP inquiry into additional charges in Rossiter case
Carol Coulter, Legal Affairs Correspondent

The Director of Public Prosecutions has started an inquiry into how two additional charges were made without his authorisation against a man already charged with assaulting Brian Rossiter.

The 14-year-old boy died two days after being found unconscious in a Garda cell in Clonmel, Co Tipperary, on September 11th, 2002. His death is now the subject of an inquiry by senior counsel Hugh Hartnett.

In a highly unusual move the DPP, James Hamilton, yesterday confirmed that he did not authorise the charging of a 25-year-old Clonmel man with the manslaughter of Brian Rossiter, and with assaulting him causing serious harm, revealing that he had begun an inquiry.

Eight months after Brian Rossiter's death Noel Hannigan, Colleen's Close, Clonmel, was charged with assaulting him on September 8th, causing him harm (a Section Three assault).

However, in March 2004 he was also charged with a Section Four assault, causing the boy serious bodily harm, and with his manslaughter. When the matter came up in court last month these charges were withdrawn by the DPP.

While minor charges are prosecuted by members of An Garda Síochána without going through the office of the DPP, serious charges such as assault and manslaughter must be authorised by his office.

The fact that the DPP had not authorised the additional charges was made public by the Minister for Justice on Wednesday and revealed yesterday in The Irish Times.

Asked to comment on how Mr Hannigan came to be charged, Minister for Justice Michael McDowell said yesterday this was a matter for the DPP, whose office was independent.

"It is not my function to ask him to act in a particular way," he told journalists.

Pressed on how the man had had these charges hanging over him for months, he said: "These issues are completely outside my remit. The Constitution vests the prosecution of offences in an independent officer. I am not in a position to do anything.

"I believe the DPP is accountable to the Irish people. Ask the DPP."

Asked to comment by journalists yesterday, Mr Hamilton's office issued a brief statement. This said: "In this case the manslaughter and Section Four causing serious bodily harm counts were put on the indictment though not directed by this office. The circumstances of how this came about are under inquiry. This office has no further comment to make at this stage."

The case against Mr Hannigan on the Section Three assault is coming up later this month.

Meanwhile, the Labour Party spokesman on justice, Joe Costello, yesterday called for greater transparency from the Director of Public Prosecutions.

Mr Costello said that he would be seeking an explanation from Mr McDowell why Noel Hannigan had been charged with the manslaughter of Brian Rossiter without the apparent authorisation of the DPP.

Mr Costello said that he had already debated with Mr McDowell on the need for the DPP to give general clarification on his decisions. "You can't increase the authority of the DPP and leave a situation where the DPP doesn't have to explain anything," he said.

© The Irish Times