The parents of Clonmel schoolboy, Brian Rossiter said this afternoon they hoped their son’s death would not be in vain and welcomed recommendations made by the jury regarding the detention of young people and those with obvious injuries or illness in Garda custody.
Brian’s mother, Siobhan said she wanted to reiterate the comments made by Cork City Coroner, Dr Myra Cullinane, that she hoped that "Brian’s death was not in vain" while Brian’s father, Pat said he hoped that the recommendations by the jury about detention would assist.
"I would have gone further. I think there should be cameras in all areas of the Garda station around the country - in corridors, entries, as well as exits. I think it’s very important that CCTV should be in all areas of every Garda station in the country," said Mr Rossiter.
Both Mr and Mrs Rossiter said they were not surprised by the open verdict returned by the jury and it was the best outcome available to them given the limited scope available to jurors to make findings which don’t implicate or blame anyone.
"It is the verdict that we expected, we couldn’t have expected any other verdict because an inquest has restrictions. It was never going to find out why Brian died, so under those circumstances, we are happy with the verdict today," said Mrs Rossiter.
"The verdict was as expected. The coroner’s court has restrictions and can’t come to a conclusion where blame is apportioned ...the coroner ruled out unlawful death, or unlawful killing …she was fairly restricted to bring in an open verdict," added Mr Rossiter.
Mrs Rossiter said that while the inquest was more restrictive than the statutory inquiry into the circumstances of Brian’s arrest and detention carried out by senior counsel, Hugh Hartnett, she felt it was important for it to proceed from a public interest point of view.
"We feel it was good for the public. The enquiry we had previously was not a public enquiry. We felt that the inquest, while it had restrictions and could not let in all of the evidence we would have liked, it’s still painted a better picture I hope for the public," she said.
Mr Rossiter said it was "a grave mistake" on his part to allow himself "be talked into" leaving Brian in Garda custody and one he would live with for the rest of his life and if he had been given the proper information on the night, he would have gone to see Brian.
"And I know for a fact I would have insisted on medical assistance on the night but due to the false information or misleading information that I was given, I was angry and worried about practical matters," he said.
Solicitor for the Rossiters, Cian O’Carroll confirmed that Mrs Rossiter is proceeding with her High Court action against the State over Brian’s death and said he expects the matter to be heard early next year if it is contested but said there be may be developments sooner.
Mr O’Carroll said the inquest had provided "a dry run" for the parties involved. "I think the balance of probabilities type evidence which was given at this inquest would be very persuasive in a civil case and it would give great optimism for a successful outcome."
Mr O’Carroll questioned the failure of the Garda Commissioner Fachtna Murphy to carry out any disciplinary proceedings on foot of two aspects of the Hartnett inquiry which found that Brian had been unlawfully detained and the circumstances of his death not fully investigated.
The Commissioner had carried out disciplinary action relating to keeping custody records but had not acted on the main failings identified by Mr Hartnett and when the family wrote to Minister for Justice, Dermot Ahern, they were effectively told it wasn’t their business, he said
Contacted by The Irish Timesregarding Mr O'Carroll's comments about the Garda Commissioner's failure to implement any disciplinary procedures, the Garda press office said a statement may be issued later.
