A report from an independent UK forensic pathologist is to be obtained for the inquest into the death of 14-year-old schoolboy Brian Rossiter while in Garda custody in 2002.
Coroner for Cork city Dr Myra Cullinane yesterday agreed the legal team representing the Rossiter family could put conflicting pathological evidence to State Pathologist Prof Marie Cassidy during the inquest.
Brian Rossiter, from Mount Prospect, Clonard, Co Wexford, died at Cork University Hospital on September 13th, 2002, from head injuries. He had been arrested for a public order offence on the night of September 10th-11th and had fallen into a coma while in Garda custody at Clonmel Garda station.
Yesterday, Dr Cullinane heard final submissions from the legal teams representing the Rossiter family and the State in advance of the full inquest hearing which opens in Cork on December 4th.
Solicitor for the Rossiter family Cian O'Carroll said he felt at least one of the two UK-based forensic pathologists obtained by the Rossiter's legal team should give evidence at the inquest as there were key differences between their findings and those of Prof Cassidy. These related to the time of injury and Brian's use of alcohol and drugs in the days preceding his death.
The solicitor also asked to have CCTV footage taken from a Spar shop on September 9th-10th included in the evidence.
Dr Cullinane said she did not want to turn this matter into an adversarial hearing in the coroner's court.
"This is a slightly more complex case [than the norm] given that the circumstances surrounding the death could be interpreted as going on over a number of days rather than the period just before death."
She agreed to include the evidence of two witnesses, Mary Furlong and Jemma Rossiter, who were among the last people to see Brian alive, as well as his hospital notes and the video evidence.
While she said it would not be conventional to put an opposing pathologist's analysis of death before an inquest, she agreed the Rossiter legal team could question Dr Cassidy by referring to the data obtained from the UK forensic pathologists.
She explained: "the State Pathologist is appointed by the State, but is independent in her functions and will give independent evidence to assist the coroner. I will definitely be informing myself in other matters so that I can put myself in the position of being able to question her . . ."
Stephen Byrne BL, for the State, said he had no problem with Mr O'Carroll relying on the transcripts of the UK forensic pathologists as long as he was provided with copies in advance.
