The family of 14-year-old Brian Rossiter have settled their High Court proceedings aimed at having certain expert witnesses give evidence at the forthcoming inquest into their son’s death.
Under the settlement agreed today, two pathologists who prepared a report for Patrick and Siobhan Rossiter relating to their son’s death in September 2002 will give evidence at the inquest.
Brian Rossiter died in Cork University Hospital from head injuries on September 14th 2002. He had been arrested for an alleged public order offence on the night of Septemnber 10th/11th 2002 and fell into a coma while detained at Clonmel Garda station.
The inquest was due to proceed on December 4th 2007 but has been delayed pending the outcome of the High Court action by the Rossiters against Cork city coroner Dr Myra Cullinane, who is conducting the inquest.
The action was listed for hearing today but, at the outset, counsel for the family told Mr Justice Iarfhlaith O’Neill that it had been settled and could be struck out.
Speaking afterwards, Cian Carroll, solicitor for the Rossiters, said that, as part of the settlement, it had been agreed that two pathologists from the UK - Prof Christopher Milroym a consultant pathologist and Professor of Forensic Pathology at the University of Sheffield and Prof Anthony Busuttil, Professor of Forensic Medicine at Edinburgh University, will give evidence at the inquest.
The costs of bringing the proceedings would also be covered, Mr Carroll added. He said the Rossiters were delighted a settlement had been arrived at and, while they still did not know when the inquest would take place, were hopeful it would proceed in the near future.
At a pre-inquest hearing on November 2nd 2007 to deal with witnesses and evidential matters, Dr Cullinane acceded to a request from the Rossiter family’s legal team for the independent forensic pathology report to be introduced.
Dr Cullinane also agreed on that day that the legal team representing the Rossiter family could put conflicting pathological evidence to State Pathologist Prof Marie Cassidy during the inquest. However, she declined a request by the family for the experts to themselves give evidence and that led to the High Court action.
Earlier this year, the inquiry set up in relation to the arrest and detention of Brian Rossiter, conducted by Mr Hugh Hartnett SC, found that Brian’s arrest in 2002 was lawful. Mr Hartnett also said he was not satisfied Brian was assaulted in the course of arrest or when in custody at Clonmel Garda Station.
However, the inquiry found there was a failure to investigate all the circumstances surrounding Brian’s death and a failure to accurately record the times when Brian was given information about the reason for his arrest and about his right to consult a solicitor and when his parents were notified. The inquiry further found that the teenager's detention at Clonmel Garda station was unlawful.
