Minister for Justice Michael McDowell says he intends to make public a sworn inquiry into the circumstances surrounding the arrest and detention of a 14- year-old boy who fell unconscious while in Garda custody and subsequently died.
Mr McDowell told The Irish Timesthat he expects to publish the findings of senior counsel Hugh Hartnett into what exactly happened to Brian Rossiter, who was found unconscious in a cell in Clonmel Garda station on the morning of September 11th, 2002.
"I gather that Hugh Hartnett has completed his evidence gathering and that he's now at the writing stage, and I'm more than anxious to receive his report whenever he has it available for me, I'm just not in a position to direct the exact timing of it," Mr McDowell said. "It is my intention to publish the report unless there is some extraordinary reason why I shouldn't." He could not say exactly when he expected to receive the report.
Cian O'Carroll, solicitor for Brian Rossiter's parents, Pat and Siobhán, said that Mr McDowell had confirmed in writing to them that the report would be made public soon after he received it from Mr Hartnett and had an opportunity to study it.
"It's always been our clear understanding that Mr McDowell would publish the report. We would not have been prepared to co-operate with Mr Hartnett's inquiry unless there was a firm commitment to publish his findings," Mr O'Carroll said.
Brian died at Cork University Hospital on September 13th, 2002, two days after he was found unconscious in a cell at Clonmel Garda station. He had been arrested the previous night for a suspected public order offence.
Following an intensive campaign by his parents, assisted by their solicitor, Mr McDowell agreed to set up a sworn inquiry into the circumstances of Brian's arrest and detention.
The inquiry began hearing evidence from its first witness on December 5th, 2005, and took its last sworn testimony on September 11th, 2006. More than 100 witnesses gave evidence to Mr Hartnett and his inquiry team over some 80 days of hearing.
Over 30 serving and retired members of the Garda testified along with 15 medical witnesses including doctors, nurses and ambulance staff involved in treating Brian after he was reported ill at Clonmel.
The inquiry team also heard evidence from State Pathologist Dr Marie Cassidy, who carried out the postmortem examination on Brian at Cork University Hospital, as well as two forensic pathologists from Britain.
