Joe Costello (Dublin Central, Labour)

Is the Minister aware that Terence Wheelock's family and their lawyer are in the District Court as we speak, seeking the return under the Police Property Act of Mr. Wheelock's clothes and telephone, which were taken by the Garda without permission four and a half months ago? Mr. Wheelock's family has been continually refused answers to some important questions. Who arrested Terence Wheelock? Who found him in the cell? Why was the cell totally refurbished after Mr. Wheelock's family and their lawyer sought to see it but before they were given a chance to do so? Why has the pathologist's report been kept from them? Is the Minister aware that the superintendent who was supposedly brought in "from outside the division" had served as a garda in Store Street Garda station for 15 years? Why was the superintendent in question, who is currently based in Dún Laoghaire but cannot be said to be "from outside the division" in any real sense, appointed to conduct the investigation? Why has his report not yet been made available, four and a half months after the death of Mr. Wheelock?

The pathologist's report on the death of Brian Rossiter has been received. Can the Minister explain why the Department of Justice, Equality and Law Reform did not reply to the family of Brian Rossiter for a considerable period of time? The pathologist's report indicates that Brian Rossiter died from head trauma, probably caused by his head contacting forcibly with a wall or a solid rough surface. It indicates that there was serious bruising to his eyes and other parts of his body, including his penis. The impression given to the State pathologist was that there were drugs and alcohol in Brian Rossiter's body, but no drugs and alcohol were found in his body. The Minister said the inquiry that has been established under the Dublin Police Act 1924 is as good as any inquiry that would have been established under the Commissions of Investigation Act 2004. I would like to quote from Mr. Hugh Hartnett's warrant of appointment. Mr. Hartnett has been appointed to inquire "into the truth of any or all of the members of the Garda Síochána——

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