Father hits out at probe into arrested son's death
An inquiry into the death of a 14-year-old boy who fell into a coma while in garda custody will not reveal the full truth about what happened to him, his family said today.
Speaking before private hearings began in the case of Brian Rossiter, his father Pat said he wanted the truth to come out but feared the terms of reference for the investigation were too narrow.
“I don’t think all the questions can be answered.
“I think the terms of reference, having changed, they’re still way to narrow, they really need to be broadened.
“Certain questions can’t be asked which need to be answered,” Mr Rossiter said.
The teenager was arrested and detained over a public order offence in September 2002, two days after he was involved in a row which had left him with two black eyes and a headache.
He was found comatose in his cell in the morning and died in hospital two days later. His parents have alleged he suffered an assault while in custody.
The family have previously threatened not to co-operate with the inquiry, which is being led by barrister Hugh Hartnett at the Distillery Building in Church Street, Dublin.
But today Mr Rossiter said: “We need to see where this inquiry goes – we want to do everything in our power to co-operate and we are co-operating.”
The family’s solicitor Cian O’Carroll said the inquiry was just part of a process to find the truth about Brian’s death.
“It’s over three years ago Brian died, and all that time they’ve been fighting for some recognition that this was not properly investigated, and today we have the start of what will be an independent inquiry into what happened.”
Mr O’Carroll also said he believed key questions would not be addressed by the inquiry, which was set up by Justice Minister Michael McDowell after he reviewed the garda case investigation file.
“The truth of it is that while the inquiry will deal with questions like whether Brian Rossiter was unlawfully detained, whether he was assaulted in custody, issues like that, it does not on the face of it deal with the key central issue – did he die as a result of injuries sustained in Clonmel garda station and if so, by whom were those inflicted,” he said.
“It’s our belief that is the case, and yet the inquiry doesn’t appear to ask those questions.”
Mr O’Carroll told RTE Radio the family had decided to co-operate as they hoped to get as close to the truth as possible.
“This is not the end, this is only part of a process and that process includes our own High Court civil action, which we know can deal with any questions the inquiry doesn’t deal with.
“And obviously, when the inquiry concludes, the Minister for Justice will then have to decide what next step he takes, because this cannot just be the end,” he said.
