Pat Rabbitte (Dublin South West, Labour)

Three years ago, a 14 year old boy, Brian Rossiter, was arrested along with two other boys for public order offences in Clonmel. He was brought to Clonmel Garda station where he was put in a cell on his own. The following morning, he was found unconscious in his cell and taken to hospital, first in Clonmel and then to Cork. Three days later he died, never having regained consciousness.

One of the children arrested with Brian Rossiter has made a formal complaint that he was assaulted by a garda while he was in the cells. He states that Brian had stated that he too had been assaulted. The gardaí have at all times claimed that Brian was intoxicated by a mixture of drink and drugs and this information found its way into the autopsy report. We now know that the State Pathologist relied solely upon this information which came from Garda sources and had no toxicology test results when she wrote her report. Subsequent toxicology tests show no evidence of either drink or drugs in Brian's body.

The Minister for Justice, Equality and Law Reform has apologised for the manner in which his Department dealt with pleas from the Rossiter family. However, what baffles everyone concerned is why the Commissions of Investigation Act, which was put through by the Minister only 18 months ago, has not been used to inquire into this situation. Instead, he has used obsolete and little known legislation from 1924. The legislation which he has decided to invoke allows him to inquire into "the truth of any charge of complaint of neglect or violation of duty preferred against a member of the Garda Síochána". No one, the Rossiter family included, has preferred a charge against any member of the Garda Síochána. Who decided on the seven gardaí being inquired into on this list furnished to Mr. Hartnett, the senior counsel? It was not drawn up in consultation with or by the Rossiter family. Is the Minister making complaints against these seven gardaí? Why are certain gardaí who were involved on the night in question not included on the list?

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