Response to teen's cell death 'inadequate' - Labour

18/07/2005 - 11:22:07
Justice Minister Michael McDowell’s response to the death of a 14-year-old boy who was found unconscious in a garda station has been entirely self-serving, it was claimed today.

Labour Party leader Pat Rabbitte said Mr McDowell’s recent reaction to the death of Brian Rossiter in September 2002 has been unconvincing and inadequate.

“He blames the ‘dilatory’ response of his officials and seeks to convey the impression that he had, effectively, been kept out of the loop by them,” Mr Rabbitte said.

“Clearly, the same inadequate procedures are still in place and the new broom has swept nothing clean at all.”

Brian Rossiter died in September 2002 after being found unconscious in a cell at Clonmel Garda station two days earlier. He had been arrested on suspicion of committing a public order offence.

The boy’s parents claim he died following an assault while in custody in Clonmel Garda Station and have begun legal proceedings alleging wrongful death.

However, gardaí have said the assault was due to a fight with an older man days earlier.

Last week, the DPP confirmed it has begun investigating how gardaí charged a 25-year-old man with the manslaughter of the teenager without authorisation.

Charges were levelled against a Tipperary man over the death of the 14-year-old.

A spokeswoman for the DPP confirmed it had launched a probe into how officers preferred charges against the man without being directed.

Mr Rabbitte said there are serious aspects of this case which must be investigated but will fall outside the remit of an inquiry under the Dublin Police Act of 1924.

The party leader said any inquiry by senior counsel, Hugh Hartnett, would be confined to examine whether there is a charge of neglect or violation of duty against any member of an Garda Siochana.

“The Rossiter family solicitor Cian O’Carroll has already said that these terms of reference are too narrow and that the role of the DPP and the Department of Justice should also be included,” Mr Rabbitte said.

“The minister’s reply to this argument has been self-serving and duplicitous. His spokesperson says that the minister has no power to inquire into the workings of the Director of Public Prosecutions, as it is an independent office.”

However, Mr Rabbitte said under the Commissions of Investigation Act the Government may authorise an investigation into “any matter considered by the Government to be of significant public concern”.

Mr Rabbitte said there must be an independent investigation into any death in Garda custody, or as a result of Garda action or inaction, under the European Convention on Human Rights.

“This state is already in substantial breach of its obligation to secure a prompt investigation into Brian Rossiter’s death, which occurred more than 33 months ago. The least that the Rossiter family and the public are entitled to expect is that the eventual inquiry will be effective,” he said.