Six key questions

The Brian Rossiter Inquiry, established under the Dublin Police Act 1924 by former minister for justice Michael McDowell, sought…

The Brian Rossiter Inquiry, established under the Dublin Police Act 1924 by former minister for justice Michael McDowell, sought to answer six questions in relation to the arrest and detention of Brian Rossiter in Clonmel on September 10th 2002.

Was Brian Rossiter's arrest unlawful?

The inquiry is satisfied that Brian's arrest was lawful.

Was Brian Rossiter assaulted during the course of his arrest and detention?

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The inquiry is not satisfied that he was assaulted in the course of arrest or when he was in custody.

Was Brian Rossiter detained in accordance with the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Stations)?

The inquiry finds there was a failure to accurately record the times at which Brian was given information about the reason for his arrest, the right to consult a solicitor and the notification of his parents.

Was Brian's detention at Clonmel Garda Station unlawful?

The inquiry is of the view that Brian's detention was unlawful.

Were ambulance and medical personnel and/or Dr Marie Cassidy wrongfully given incorrect information that Brian had consumed alcohol and drugs?

The inquiry finds no evidence that there was an attempt made to mislead medical personnel with incorrect information

Were all the circumstances of Brian's death fully investigated and all witnesses interviewed?

The inquiry finds that there was a failure to investigate all the circumstances surrounding Brian's death.

• The summary of Hugh Hartnett's report and the Garda Commissioner's statement are available to read on The Irish Times website at: www.ireland.com/focus