The parents of 14-year-old Brian Rossiter, who died after falling unconscious while in Garda custody, yesterday expressed their frustration at the Department of Justice's delay in starting an inquiry into the circumstances of his death.
Pat and Siobhan Rossiter were given to understand by Minister for Justice Michael McDowell that work on the inquiry would begin by September, but yesterday marked the third anniversary of the death of their son without any firm date being set.
Brian had been arrested for a suspected public order offence on September 10th, 2002, and taken into custody at Clonmel Garda station, where the following morning he was found unconscious in his cell and was rushed to St Joseph's Hospital in Clonmel.
He was transferred to Cork University Hospital, where he died on September 13th. Since then, his parents have been calling for an inquiry into the circumstances of his detention, amid reports that Brian told a friend in custody he had been assaulted by gardaí.
Yesterday, the Rossiters spoke of their disappointment with Mr McDowell after his office indicated on June 29th this year that the draft terms of reference for the inquiry, to be headed up by senior counsel Hugh Hartnett, would be prepared promptly.
"Today is the third anniversary of Brian's death. Like everyone who has lost loved ones, an anniversary is a special time of remembrance and reflection - a time to hold the fondest memories close and take whatever small comfort you can from reliving those happier times," said the Rossiters.
"For us, however, on this anniversary, no different to the two that have gone before, we are distracted with frustration and anger as we feel once again ignored by the Minister for Justice, Equality and Law Reform, Michael McDowell, and his department."
Mr Rossiter said Mr McDowell's office had indicated on June 29th that the draft terms of reference would be furnished to them within a week, but nothing has happened and "it is now 11 weeks later with no progress towards the inquiry heralded by Minister McDowell".
The Rossiters said there had been enough delay. "Let the draft terms of reference for the inquiry be furnished to us immediately for consideration."
The Rossiters' solicitor, Cian O'Carroll, said there is at least a month's preparatory work on their side once they receive the draft terms, as they must set about arranging witnesses.
He also said that, as the inquiry is being held under the Dublin Metropolitan Police Act of 1924, which requires a specific complaint against a named garda or gardaí, those officers should be entitled to legal representation and will also need time to prepare their case.
A spokesperson said Mr McDowell would be in a position later this week to make contact with the family and to inform them of the finalised terms of reference. He will later make the terms of reference public.
