Report ordered into boy's death after detention

Minister for Justice Michael McDowell has ordered a report into the death of a 14-year-old boy two days after being removed in…

Minister for Justice Michael McDowell has ordered a report into the death of a 14-year-old boy two days after being removed in a coma from Clonmel Garda station in 2002.

Brian Rossiter's parents, who believe he died following an assault while in custody, have begun legal proceedings alleging wrongful death. However, gardaí in the Co Tipperary town deny any assault, and say his death followed a fight with an older man two days earlier.

Labour TD Joe Costello said he intended to raise in the Dáil the Rossiter case and that of Terence Wheelock, a 20-year-old from Dublin's north inner city who has been in a coma for almost three weeks following his detention in Store Street Garda station.

Yesterday, Brian's father, Pat Rossiter, said it was "laughable" that the Minister was unable to get information on the case from gardaí. "We want answers, we want to know what happened to our son," he told RTÉ radio.

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Brian Rossiter was taken into custody in Clonmel on September 10th, 2002, two days after the fight, and was found comatose in his cell the following morning. He died two days later.

Pat Rossiter said his son got a black eye and complained of headaches following the fight.

Two days later he was arrested on a public order offence involving a broken window. Mr Rossiter consented to his son being held overnight in custody because he felt that a "short, sharp shock" would teach him a lesson. Yesterday he described this decision as "a big mistake".

"A 14-year-old comes out of a police station dead, and no one seems to care," said Mr Rossiter yesterday.

Gardaí told him Brian had overdosed on alcohol and ecstasy, but two toxicology tests showed no alcohol or drugs in his system.

An autopsy by Dr Marie Cassidy, the State pathologist, concluded that Brian died of "head trauma". Bleeding inside the skull was slow and appeared "to have taken place over a few days", according to her report.

A spokesman for Mr McDowell said he had spoken to Garda Commissioner Noel Conroy about Brian Rossiter's "tragic death". A report had been asked for, and the Minister would not be commenting until it was completed.

It is understood a man faces charges over alleged assault on Brian before his arrest.

In a second case, the family of Terence Wheelock is disputing Garda claims that he hanged himself in a suicide attempt.

Mr Costello said he would ask the Minister on Thursday to explain the circumstances surrounding Mr Wheelock's arrest on June 2nd, and how he was transferred to hospital in a life-threatening condition.

A senior officer from Dún Laoghaire has been appointed to carry out an inquiry.

Mr Wheelock is believed to have suffered severe swelling on his brain, and his family alleges extensive bruising on his arms and legs. He was arrested on suspicion of stealing a car.

Paul Cullen

Paul Cullen

Paul Cullen is a former heath editor of The Irish Times.