The solicitor for the family of a 14-year-old boy who died after he was found unconscious in Garda custody revealed yesterday that they have started High Court proceedings against the State for the "wrongful death" of the boy.
Cian O'Carroll said he has sent court documents to the Garda Commissioner and Minister of Justice over a High Court action by the family.
Brian Rossiter from Clonmel was found unconscious in Clonmel Garda station in September 2002. He was removed to hospital but died later.
Yesterday, the inquest into his death was set to be heard in the Cork City Coroner's Court. However, the State succeeded in having the case adjourned as criminal proceedings were pending.
Coroner Dr Myra Cullinane said she granted an application for an adjournment on the basis that criminal proceedings were under way in the case at an earlier sitting on June 3rd.
Dr Cullinane said she granted the application in accordance with the Coroner's Act, which stipulates that a coroner cannot hear evidence regarding a death as long as criminal proceedings are under way.
Yesterday, Supt John McCann, Clonmel Garda station, asked the court to further adjourn the case as there was an accused man due before the District Court to answer charges of assault causing harm to the dead youth.
The charge relates to an assault in Clonmel on September 9th, 2002, four days before Brian Rossiter died.
Mr O'Carroll asked that the coroner not adjourn and continue with its inquiry into the death. "There is no basis to connect the subsequent death with the assault, it is unrelated to the death," he said.
However, Dr Cullinane said she was acting under the Coroner's Act and added that "once an application is made I am obliged to adjourn". She adjourned the inquest until February 2nd, 2006.
The dead boy's father, Pat Rossiter, was in court and sat silently immediately behind Mr O'Carroll. Afterwards, Mr O'Carroll said the family were dealing with the case through three different "strands".
"The first is the High Court proceedings for the wrongful death of Brian, they are out now.
"They have been served on the State, Minister for Justice and Garda Commissioner. They have been brought in the name of Brian's mum, Siobhán.
"The next section is the inquiry, but we feel it is a very insincere attempt to get to the bottom of what happened to Brian.
"The third strand is the inquest," he said.
Mr O'Carroll criticised the costs allotted by the Department of Justice for the family to deal with their pursuit of the State. "They won't have any proper representation," he said.
"The reality is that the Rossiter family have limited resources to fight this case, they are not the State, this is David taking on Goliath here."