The family of Brian Rossiter (14), who died three years ago after falling into a coma in Garda custody, will on Tuesday tell an inquiry into his death if they are willing to take part in it.
Solicitor for the family Cian O'Carroll said that while Minister for Justice Michael McDowell had agreed to some of the family's requests on paying costs they would incur during the hearing, both he and the Rossiters were still facing an unreasonable financial burden. This would have to be resolved before the dead boy's parents, Pat and Siobhán Rossiter, were able to take part in the statutory inquiry before senior counsel Hugh Hartnett.
Speaking after a preliminary sitting of the inquiry yesterday Mr Rossiter said that aside from the financial issues, he had a number of other reservations.
He asked why the inquiry, which is due to start in the next fortnight, was being held in closed session. He also believed it should be held in Clonmel, where most of those involved live, and not in Dublin.
"I am still of the opinion that the terms of reference are way too narrow and need to be broadened. We believe that there are a lot more gardaí who may have come into contact with Brian during his detention [ than the seven members named in the schedule of inquiry].
"We believe that certain questions may not be able to be asked in this inquiry, like whether Brian was assaulted. And if the inquiry determines that he was assaulted, will the inquiry be able to ask why and by whom?"
Mr O'Carroll said when he had asked Mr Hartnett if the inquiry would ask how Brian died, he did not get an answer. He also believed that the ongoing negotiations over out-of-pocket expenses would not have arisen if the inquiry was held in Clonmel. He asked would the public learn the full facts of the case.
"The concern for the Rossiters is that in the absence of any media involvement witnessing what's going on in the inquiry, if the full transcript isn't made available, well then how can this inquiry be seen to be open to independent scrutiny?"
Although the Department of Justice had agreed to meet the Rossiter's travel and subsistence costs during the inquiry, which is expected to last up to two months, he awaited confirmation that similar costs incurred by their legal team would also be paid.
He had provided the department with a list of expenses, which included the provision of an office space in Dublin, a secretary and funds to pay a locum to take on his work at his own practice in Cashel and Clonmel, Co Tipperary. He was hopeful the department would confirm these expenses before the inquiry sits again next Tuesday.
Mr O'Carroll said he may still have difficulties attracting good senior counsel on the fees being offered by the department. A daily fee of €1,008 had been offered for senior counsel, €720 for junior counsel and €800 for a solicitor.
Brian Rossiter was found unconscious in a cell in Clonmel Garda station on the morning of September 11th, 2002, following his arrest on suspicion of a public order offence the previous night. He died in Cork University Hospital on September 13th.
