Rossiter family 'relieved' as they settle inquest row
Wednesday July 23 2008
THE family of 14-year-old Brian Rossiter yesterday said it was a "relief" to have settled their High Court action over the inquest into his death.
Brian's parents, Patrick and Siobhan Rossiter, sought an order restraining Cork City Coroner Dr Myra Cullinane from proceeding with the inquest following the boy's death two days after he was detained at Clonmel garda station in 2002.
Brian was discovered unconscious in a cell at the station on September 11, 2002, after he had been arrested the previous evening for an alleged public order offence. He died on September 13 at Cork University Hospital.
Mr and Mrs Rossiter had argued that the inquest should not continue unless the coroner agreed to hear evidence from witnesses they wished to call, including two independent forensic scientists.
Yesterday, counsel for the family told Mr Justice Iarfhlaith O'Neill that the matter had been settled and could be struck out. The settlement came after it was agreed that the expert witnesses would be allowed give evidence at the hearing.
Afterwards, Mr Rossiter told the Irish Independent he "could never understand why the witnesses were refused".
Witnesses
"It's a relief to know we're going to be able to call two expert witnesses," he said.
"They are very important witnesses and we knew we were within our rights. Of course it has been worth it. We weren't left with a choice but to go to the High Court."
Also speaking after the High Court case was settled yesterday, the Rossiter family's solicitor, Cian O'Carroll, said that as part of the settlement it had been agreed that two pathologists from the UK will give evidence at the inquest. Mr O'Carroll also said that the cost of the proceedings will be covered.
- Tim Healy and Fiach Kelly
