The Brian Rossiter Inquiry
3.
The Inquiry Process
The
statutory inquiry into the arrest and detention
of Brian Rossiter is being conducted by Mr. Hugh
Hartnett, Senior Counsel, in private, and began
hearing sworn evidence on December 5th.
Mr
Hartnett has the power to summon witnesses to
appear before him and to examine them under oath.
Mr Hartnett will submit the report of his inquiry
to the Minister who intends to publish it.
The
inquiry is established under the little used
provisions of the Dublin
Police Act of 1924 (Section 12). Because
of the wording of this Act, the inquiry is in
effect an independent garda disciplinary hearing
and as such must be framed in the form of allegations,
the truth of which the inquiry is then directed
to determine.
The
Warrant of Appointment of Mr. Hartnett therefore
sets out the following 6 allegations or charges
against 6 named gardai and one retired garda
Superintendent.
Specifically
the inquiry must investigate the truth or otherwise
of the following complaints;
(i) That the arrest of Brian Rossiter of 11 Mount Prospect, Clonard, County
Wexford in Clonmel on the 10th day of September 2002 was unlawful;
(ii)
That Brian Rossiter was unlawfully assaulted
during the course of his arrest and detention;
(iii)
That the Criminal
Justice Act, 1984, (Treatment of Persons
in Custody in Garda Siochana Stations) Regulations,
1987 (S.I. No. 119/1987) were infringed in relation
to the detention of Brian Rossiter.
(iv)
That the detention in Clonmel Garda Station of
Brian Rossiter was unlawful;
(v)
That ambulance personnel, medical personnel and/or
Dr. Marie Cassidy were wrongfully given incorrect
information concerning the consumption of alcohol
and drugs by Brian Rossiter;
(vi)
That all the circumstances of the death of Brian
Rossiter were not fully investigated and all
witnesses were not interviewed; 1. The
events leading to the tragic death of Brian
Rossiter
2. The events since Brian's death culminating
in an Inquiry
3. The Inquiry Process
4. The outcome of the Inquiry
5. What
the media reported
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