SAOIRSE32

Dearbhail McDonald, Legal Editor
Independent.ie
Saturday December 20 2008

THE family of teenager Brian Rossiter, who died two days after spending a night in garda custody, have settled their claim for alleged wrongful death against the State for €200,000.

The six-year battle, described as “gruelling” by the boy’s parents and legal representatives, was settled yesterday but without any admission of liability.

Earlier this month a jury returned an open verdict at the inquest into the death of the 14-year-old schoolboy who died two days after being found unconscious in a cell at Clonmel garda station in September, 2002.

Last night, Brian’s father Pat Rossiter said the wrongful death suit “was never about money” and said he hoped the resolution of the action would restore some semblance of normality to their lives.

Under civil liability laws, the maximum that can be awarded to grieving relatives is €25,000 and families cannot claim additional damages for emotional loss and suffering. But the State, which denied the claims, tendered an additional €175,000 in court.

Civil action

The civil action was taken on behalf of the family by Brian’s mother, Siobhan Rossiter, Harbour House, New Quay, Clonmel, against the Minister for Justice, the Garda Commissioner, the Attorney General and Ireland. High Court president Mr Justice Richard Johnson approved the settlement and said he was pleased that an agreement had been reached.

In their claim, the family alleged Brian’s death was due to head injuries allegedly caused by the assault and battery and wrongful acts by members of the Garda Siochana in the course of their arrest and detention of Brian.

After he lost consciousness during his time in detention, and following resuscitation, he was taken to St Joseph’s Hospital Clonmel before being transferred to Cork University Hospital, where he died on September 13, 2002.

Distress

The action was for the mental distress caused to the Rossiter family due to their love, affection and closeness to Brian. The claim was also for the loss of financial dependency at the time of Brian’s death and into the future and for the funeral and other expenses incurred due to his death. The State denied that Brian was assaulted, battered or subject to wrongful acts by the gardai or that any head injuries were inflicted by members of the gardai.

The State argued that prior to his detention, Brian was subject to an unlawful assault on September 9 when he sustained head and other injuries.

In a letter read to the court, on behalf of the Chief State Solicitor confirming the agreement, the authorities said that they “regret the tragic death of Brian Rossiter and acknowledged the distress suffered by his family in their loss.

“The authorities also accept the earlier findings that the detention of Brian Rossiter was unlawful, that the Treatment of Persons in Custody Regulations were not observed properly and furthermore the circumstances of Brian Rossiter’s death were not properly investigated at the time.”

News Letter
20 December 2008

A support group has been launched for the thousands of police officers who were maimed and wounded during the Troubles.

It aims to ensure the memory of officers who died after years of battling agonising injuries is not buried in history.

The burden on families caring for terror victims will also be lifted by bringing them together to share experiences.

Ex-RUC man Frank Toner, who helped form the Wounded Police and Families’ Association, said it was time to give them all “a voice”.

“For years, the victims of terrorism have been slowly buried in a forgotten chapter of history,” he said.

“It is time that those victims had a voice and are recognised as defenders of the community who made significant sacrifices for the sake of lasting peace in the Province at the level which we are now experiencing.

“Many of our colleagues died after years of bravely fighting pain and injury and their courage must be recognised along with those who made the ultimate sacrifice.”

He added that carers who have effectively sacrificed their own lives by helping their loved ones through pain also need recognition.

Officers with first-hand understanding of the trauma, pain and upheaval caused by injury in the line of duty will be on-hand for counselling.

Mr Toner said: “Members in this new group are in a unique position to provide that missing element of full and complete understanding of police victims of terrorism.”

Anyone who wants information on the group should call 075 96 469 997 or write to: The Secretary, Wounded Police and Families’ Association, c/o The Royal British Legion, 3-5 Court Square, Newtownards, BT23 7NZ.

News Letter
20 December 2008

POLICE have resumed their hunt for a rocket launcher dissidents say they fired at officers.

An anonymous caller claimed on Friday night that a device had been fired at police at some stage in the past two days, but had failed to explode.

Warning

According to police, the caller said a rocket-propelled grenade was fired at police within the last 48 hours but failed to hit its target.

Officers today searched for the device on waste ground in Newtownbutler and have warned local residents to be “extremely cautious”.

Police said leaving a “potentially deadly device on open ground was totally irresponsible”.

Chief Superintendent Michael Skuce, commander for the area, said those that had fired the device in an attempt to murder police “had no regard for their own community”.

He added: “Leaving such a potentially deadly device on open ground where anyone could come in contact with it is totally irresponsible, especially bearing in mind the school Christmas holidays are starting.”

He said: “I would make a direct call to those involved to provide more specific information as to the location of this device.

“Let’s not bring misery and destruction to anyone’s door this Christmas. Let your conscience speak louder than your prejudices,” he said.

Appeal

Police appealed for the anonymous caller to get in contact again.

The PSNI warned the public not to touch suspicious objects but to call police immediately.

DUP MLA Arlene Foster said it was clear that dissidents are active and in terms of police resources in Fermanagh there is an issue in countering these people.

Despicable

“This is completely despicable, coming at a time when children are getting Christmas holidays and when they are out playing,” she said.

“Saying it is somewhere in waste ground, they really need to look at themselves. It is their own community they are attacking.

“Tell us where it is. These people have no concerns for children or community – they just want to cause maximum disruption.”

UUP MLA Tom Elliott said those responsible are “reckless” and that it was an attack on an entire community.

“It is clear PSNI officers have been the target and I believe security forces need to deal with this threat swiftly and robustly.

“The chilling reality is that this device could have killed someone in the community.”

He fears dissidents may be getting help from mainstream republicanism and reiterated calls for limited Army personnel to be introduced.