Death of Brian Rossiter

The death of Brian Rossiter occurred at Cork University Hospital in Cork, Ireland, on 14 September 2002, as a result of head injuries he had sustained several days earlier.

Fourteen-year-old Brian Rossiter had been arrested for a public order offence on the night of 10/11 September 2002, falling into a coma whilst in custody at Clonmel garda station.

Prior to his arrest, Rossiter had been assaulted by Noel Hannigan, who was later found guilty of this offence and sentenced to two and a half years imprisonment.

However, the case was the focus of much controversy and media speculation within Ireland, owing to concerns as to whether the injuries that caused Rossiter's death occurred, not as a result of Hannigan's assault, but while he was in custody.

Rossiter's father took High Court action against the gardaí and called for CCTV cameras to be installed in all garda stations around Ireland, in every area of the station.

An inquest into the death returned an open verdict and led to damages being paid to the boy's family.

Brian Rossiter was the fourth of seven children born to Pat and Siobhán Rossiter.

Brian moved to Wexford on 31 August 2002 with his mother and three younger siblings after the separation of his parents.

On 6 September 2002, he returned to Clonmel with his mother for the weekend, staying with his older sister Sharon (who was then aged 23).

Due to return to Wexford on 8 September, he missed the bus and at around 12:30 am in the early morning of 9 September, was assaulted by Noel Hannigan near his sister's house on Cashel Street.

Hannigan later admitted that he had headbutted Brian "four or five times" but denied punching him or kneeing him in the face.

Rossiter sustained two black eyes and complained of a headache later that day and again on 10 September.

On 10 September at approximately 9:30 in the evening, Rossiter, having allegedly drunk some cider and smoked some hash, was arrested along with his 14-year-old friend, Anthony O'Sullivan, for a public order offence.

Another 14-year-old, Daniel Leahy, a friend of theirs, was arrested for criminal damage at the same time.

Both O'Sullivan and Leahy alleged that they were assaulted by arresting gardaí officers.

O'Sullivan claimed that Rossiter had told him he had also been assaulted by the gardaí.

The Gardaí stated that whilst Brian gave abuse following his arrest, he then calmed down and fell asleep in his cell.

They further stated that when they attempted to rouse him from his sleep at 09:30 the following morning, they could not wake him.

Local doctors were called and Brian Rossiter was subsequently taken to St Joseph's Hospital in Clonmel before being transferred to Cork University Hospital.

A garda investigation into the cause of his injuries was soon "at an advanced stage".

Meanwhile, in Cork, consultant neurosurgeon Charles Marks extracted a clot from Brian Rossiter's brain, but he did not regain consciousness and was pronounced dead shortly after 5:30 on the afternoon of 13 September 2002.

His funeral took place on 17 September 2002.

Brian Rossiter's father took High Court proceedings against the gardaí, alleging their wrongful arrest of his son.

He later threatened to do so for a second time in July 2005.

He had also been charged with manslaughter and assault causing serious harm, but these charges were later withdrawn, when a second inquiry, in addition to the statutory inquiry already announced, was launched in July 2005 to look into the reasons for charging Hannigan with manslaughter.

On 30 June 2005, a statutory inquiry was announced by the then Irish Minister for Justice Michael McDowell into Brian Rossiter's death, with the Minister apologising to the family for the way the case had been handled so far.

The inquiry, led by Senior Counsel Hugh Hartnett was criticised by Rossiter's family for its limited scope.

Pat Rossiter expressed his lack of confidence that the inquiry would be permitted to ask if his son had been killed at the garda station, and if so, who was responsible.

The family threatened not to participate.

There was a disagreement over legal fees.

McDowell, though, insisted that the inquiry would have full powers.

On 5 December 2005, the statutory inquiry into the death of Brian Rossiter opened in Dublin.

It was expected to last for three months and to hear from 120 witnesses in private session.

The Rossiter family's solicitor, Cian O'Carroll of Lynch and Partners, spoke of his belief that the terms of reference would still not allow the inquiry to get at the key issue, which he said was whether Rossiter had died from injuries inflicted inside the garda station or not, and, if he had sustained these injuries inside the garda station, then who had caused them.

Pat Rossiter spoke of feeling "a bit anxious and a bit apprehensive" at the start of the inquiry but he also "hoped for the best".

The Irish government had agreed to pay the family's out-of-pocket expenses, and for some of the preparatory work involved in the case.

The inquiry found no evidence that Rossiter had been assaulted inside the garda station, but found that he had been unlawfully detained by the gardaí.

In November 2006, Noel Hannigan was sentenced to two and a half years imprisonment for assaulting Brian Rossiter.

A settlement was eventually reached in July 2008 which meant that an inquest into his son's death could hear evidence from two UK-based Professors of Forensic Pathology whom the Coroner had previously refused to call as witnesses.

In addition, further civil action against the State was taken by the Rossiters in December 2008, after they were informed that internal Garda disciplinary proceedings were "none of their business".