A sworn inquiry set up by Minister for Justice Michael McDowell into the circumstances of the death of a schoolboy, who fell unconscious while in Garda custody, is expected to last for another four months, an inquest heard yesterday.
Insp Con Cadogan told the inquest into the death of Brian Rossiter (14) that the inquiry by Hugh Hartnett SC into the circumstances surrounding the boy's arrest and overnight detention in Clonmel Garda station would run until mid-July.
At Cork City Coroners Court yesterday, Insp Cadogan applied for an adjournment of the inquest into his death because criminal proceedings had been initiated and a case was before Clonmel Circuit Criminal Court.
Noel Hannigan, in his mid- 20s, Cooleens Close, Clonmel, Co Tipperary, was charged on May 13th, 2003, with a section 3 assault - that is, with assaulting Brian, causing him harm - at Cashel Street, Clonmel, on September 8th, 2002.
Mr Hannigan was subsequently charged in 2004 with a section 4 assault - that is, with causing serious harm to and the manslaughter of Brian - but these charges were formally withdrawn in July 2005 when the case was called at Clonmel Circuit Criminal Court.
Director of Public Prosecutions James Hamilton had earlier confirmed to The Irish Times in June 2005 that the section 4 charges had been laid against Mr Hannigan in error and without his authorisation.
Yesterday, Insp Cadogan said the assault charge against Mr Hannigan was due for mention later this month, but Judge Michael O'Shea has indicated that the criminal trial would not go ahead until the Hartnett inquiry was completed.
Cork City Coroner Dr Myra Cullinane said she was not prohibited from hearing the inquest because of the Hartnett inquiry, but she acknowledged that criminal proceedings would not be completed until the inquiry was concluded.
Brian was found unconscious in Clonmel Garda station on September 11th, 2002, following his arrest at about 9.30pm the previous night. He was brought to St Joseph's Hospital in Clonmel, then moved to Cork University Hospital where he died September 13th.
A postmortem by State Pathologist Dr Marie Cassidy said he died of head injuries.
