The Court of Criminal Appeal has dismissed an appeal by a man against a 2-and-a-half-year sentence imposed for assault causing harm to Brian Rossiter, the Co Tipperary teenager who became ill while in Garda custody and who died some days later.
The court stressed the importance of stating that Noel Hannigan had "nothing to do" with the death of 14-year-old Brian Rossiter. It also described as "very strange" the addition of a manslaughter charge (this charge was later dropped) to an indictment against Hannigan.
Hannigan (23), Cooleens Close, Cashel Road, Clonmel, was jailed at Clonmel Circuit Court last November after he pleaded guilty to headbutting Brian Rossiter four or five times at Cashel Street in Clonmel at about 12.30am on September 9th, 2002.
On September 10th 2002, Brian Rossiter was arrested on suspicion of committing a public order offence and was taken to Clonmel Garda station, where he was found unconscious the following morning. He never regained consciousness and died at Cork University Hospital on September 13th, 2002.
Yesterday, Noel Hannigan brought an appeal against the severity of the sentence imposed on him.
Dismissing the appeal, Mr Justice Hugh Geoghegan, presiding, and sitting with Mr Justice Declan Budd and Mr Justice John Hedigan, said Hannigan had inflicted serious injuries on Brian Rossiter, and had a previous conviction, for which he received a suspended sentence for assault.
This was a "bizarre case" which was "not straight forward", the judge said.
He noted that Hannigan was initially charged with assault causing harm to the teenager and that indictments for assault causing serious harm and manslaughter were later added but subsequently dropped. The addition of the manslaughter charge was "very strange", Mr Justice Geoghegan remarked.
It was important to state that Hannigan had "nothing to do" with the death of Brian Rossiter, he stressed.
Earlier, moving Hannigan's appeal against severity of sentence, Mr John O'Kelly SC said the trial judge had erred by not taking into account mitigating factors including his clients previous good behaviour and that he had received very favourable reports from the probation services.
His client had shown genuine remorse, had co-operated with gardaí and had admitted headbutting Brian Rossiter four or five times and that he punched him, counsel added.
Although Hannigan had nothing to do with the teenager's subsequent death, he had suffered as a result of "rumour mongering" around Clonmel, counsel said. Hannigan had also suffered two serious stabbings as a result of what happened to Brian Rossiter. He was a hard working man who found it hard to get work after Brian Rossiter's death, counsel added.
Opposing the appeal for the DPP, Ms Rosario Boyle SC said the judge had taken all the relevant factors into account before passing sentence. Hannigan had a previous conviction for assault causing harm in July 2002, which was also tried in the Circuit Court and he had received a suspended sentence.