Misplaced Pages

#558441

40-514: Rossiter is a surname. Notable people with the surname include: Brian Rossiter, whose death led to an investigation with the Irish state paying damages to his family Clinton Rossiter , historian, political scientist and author Edward Rossiter , a soldier in the Parliamentarian army H. Rossiter , a football player James Rossiter ,

80-489: A British Home office pathologist for 17 years and a reviewer of Rossiter's file, said it was more likely that he had sustained the injury which killed him subsequent to the Hanning assault, and closer to the time that he was found unconscious in his Clonmel prison cell. On the day before the jury retired, a forensic pathologist said that it was impossible for him to determine whether the fatal strike had been inflicted late on

120-427: A Media Justice Award in 2005 for his coverage of this case. Open verdict Two lord chief justices have cautioned an open verdict does not mean the jury has failed to do their duty of explaining the cause of death, but that in some cases, there is genuine doubt about the cause of death. However, the uncertainty explicit in the verdict has led many to regard it as an unsatisfactory one. Current legal guidance

160-496: A definitive statement concerning how Brian Rossiter had died – the Coroner had given them the option of delivering an open verdict or a narrative verdict, and had ruled out the option of a verdict of unlawful killing. On 19 December 2008, a settlement of €200,000 plus legal costs and a written expression of regret, acknowledging wrongdoing on the part of the gardaí, was reached in the civil lawsuit taken by Rossiter's family against

200-455: A friend of Brian Rossiter's mother, told the inquest how she had witnessed a red mark the size of a two euro coin on the boy's left cheek when she visited him in hospital, claiming that such a mark had not been there earlier that week. Witness Anne Marie Hannigan claimed that all of her statement had not been read out in court, a statement which she alleged was to have contradicted that of Garda Pádraig Jennings and Garda Pádraig Frawley. She told

240-403: A party; this was interpreted as a rejection of the theory that Smith had accidentally fallen, and a victory for her father Ron Smith's claim that she had been killed. In February 1997, actor Barry Evans was found dead in his home by police. The police discovered Evans' body in his living room after going to the house to tell him they had recovered his stolen car which had been reported missing

280-729: A preliminary hearing took submissions from the Rossiter family and the State heard from the Cork City Coroner that she had questioned the time it was taking for the report into the circumstances surrounding Brian Rossiter's death to be published. Doctor Myra Cullinane told the hearing that she had twice written to the Hartnett Inquiry but had received no reply. The inquest proper began early in December 2008. Mary Furlong,

320-405: A race car driver James Patrick Rossiter , lawyer and former mayor of Erie, Pennsylvania Jordan Rossiter (born 1997), an English professional footballer Keith Rossiter , an Irish hurling player Kyle Rossiter , a Canadian ice hockey player Leonard Rossiter , a British actor Margaret W. Rossiter , American historian of science Richard Alfred Rossiter , astronomer, known for

360-420: A racist attack, and the verdict was interpreted as a rejection of that theory. The inquest into the death of Jean Charles de Menezes , who was shot dead in 2005 by Metropolitan Police officers who mistakenly believed him to be a suicide bomber , returned an open verdict in December 2008. The coroner had specifically directed them that they were not able to return a verdict of unlawful killing , and left them

400-405: A reasonable doubt. However, the fact of a verdict of suicide requires "some evidence of the deceased having intended to take his own life" means open verdicts are often recorded in cases where suicide is suspected, but the evidence of intent is lacking. For this reason some studies of suicides have also included those deaths in which open verdicts were recorded. In May 1961, a fire broke out in

440-421: A result of head injuries he had sustained several days earlier. Fourteen-year-old Brian Rossiter had been arrested for a public order offence on the night of 10/11 September 2002, falling into a coma whilst in custody at Clonmel garda station . Prior to his arrest, Rossiter had been assaulted by Noel Hannigan, who was later found guilty of this offence and sentenced to two and a half years imprisonment. However,

SECTION 10

#1732798748559

480-601: A second time in July 2005. A settlement was eventually reached in July 2008 which meant that an inquest into his son's death could hear evidence from two UK-based Professors of Forensic Pathology whom the Coroner had previously refused to call as witnesses. In addition, further civil action against the State was taken by the Rossiters in December 2008, after they were informed that internal Garda disciplinary proceedings were "none of their business". In November 2006, Noel Hannigan

520-434: Is to avoid open verdicts if possible: an open verdict is thus only to be used in the last resort if there is insufficient evidence to enable the coroner or the jury to reach any other conclusions. The fact of there possibly being uncertainty as to other parts of the inquisition, for example as to the precise cause, time or place of death, does not authorise recording an open verdict if there is sufficient evidence to record how

560-540: The Rossiter–McLaughlin effect Ryan Rossiter , an American basketball player Stuart Rossiter , philatelist Thomas Prichard Rossiter , an American portrait and historical painter See also [ edit ] Rossiter, Pennsylvania , USA [REDACTED] Surname list This page lists people with the surname Rossiter . If an internal link intending to refer to a specific person led you to this page, you may wish to change that link by adding

600-589: The Top Storey Club in Bolton , Greater Manchester. Nineteen people died in the fire (fourteen in the fire and five who jumped from windows on the eighth floor) but despite an investigation by the police and fire brigade, no actual cause for the fire could be given and the coroner recorded an open verdict on all who died in the fire. The 1972 inquest into the death by hanging of sailor Nigel Tetley returned an open verdict. The attending pathologist noted that

640-729: The Garda Commissioner, the Irish Minister for Justice and the Irish State. Mister Justice Richard Johnson approved the settlement. The Irish State acknowledged its acceptance that Rossiter's detention was unlawful, that the Treatment of Persons in Custody Act was not followed appropriately and that issues surrounding his death were not sufficiently investigated. The jury also made two recommendations relating to

680-459: The Minister for Justice Michael McDowell, believing that he had set up the inquiry under the wrong Act. With the inquiry completed, however, an inquest into Brian Rossiter's death could now be held, as soon as a private action taken by the Rossiter family against Cork City Coroner, to allow evidence from two UK-based Professors of Forensic Pathology to be admissible, was settled. On 29 May 2007,

720-556: The alternatives of the open verdict or ruling the killing lawful, and the verdict (together with the answers to an associated questionnaire given to the jury) was interpreted as a condemnation of the police. The death of Bob Woolmer , an English cricket coach, on 18 March 2007 while coaching Pakistan during the World Cup was given an open verdict on 28 November 2007, with the inquest after hearing from more than 50 witnesses over five weeks being unable to determine whether his death

760-481: The case was the focus of much controversy and media speculation within Ireland, owing to concerns as to whether the injuries that caused Rossiter's death occurred, not as a result of Hannigan's assault, but while he was in custody. Rossiter's father took High Court action against the gardaí and called for CCTV cameras to be installed in all garda stations around Ireland, in every area of the station. An inquest into

800-534: The cause of his injuries was soon "at an advanced stage". Meanwhile, in Cork, consultant neurosurgeon Charles Marks extracted a clot from Brian Rossiter's brain, but he did not regain consciousness and was pronounced dead shortly after 5:30 on the afternoon of 13 September 2002. His funeral took place on 17 September 2002. Brian Rossiter's father took High Court proceedings against the gardaí, alleging their wrongful arrest of his son. He later threatened to do so for

840-463: The circumstances suggested masochistic sexual activity rather than suicide. The 1978 death of Keith Moon , drummer for The Who , was given an open verdict, with the inquest being unable to determine if his death was accidental or the result of suicide. In 1982, the jury returned an open verdict on the death of Helen Smith , a British nurse who had fallen to her death in Saudi Arabia during

SECTION 20

#1732798748559

880-454: The day before. The cause of his death has never been confirmed. The coroner found a blow to Evans' head and also found high levels of alcohol in his system. A short written will was found on a table next to his body, and a spilled packet of aspirin (bearing a pre-decimalisation price tag indicating that the pack was at least 26 years old) was found on the floor, although the coroner concluded that Evans had not taken any of these. An open verdict

920-417: The death returned an open verdict and led to damages being paid to the boy's family. Brian Rossiter was the fourth of seven children born to Pat and Siobhán Rossiter. Brian moved to Wexford on 31 August 2002 with his mother and three younger siblings after the separation of his parents. On 6 September 2002, he returned to Clonmel with his mother for the weekend, staying with his older sister Sharon (who

960-449: The deceased came by his death. In other words, the coroner or jury should not fail to reach a positive conclusion merely because there is some doubt on some minor point. In an obiter dictum (legal opinion not forming part of the judgment) in the case of R v West London Coroner, ex parte Gray in 1986, the divisional court stated that the open verdict was, as with the verdicts of unlawful killing and suicide, required to be proved beyond

1000-413: The evening of 8 September, around the time that Hannigan's assault had taken place, or at a later date. On 12 December 2008, a jury retired after hearing evidence for eight days and returned an open verdict, after finding in accordance with medical evidence supplied that the boy died from an extradural haemorrhage due to blunt force trauma to the head. The jury felt that it was not possible to make

1040-450: The evening, Rossiter, having allegedly drunk some cider and smoked some hash , was arrested along with his 14-year-old friend, Anthony O'Sullivan, for a public order offence. Another 14-year-old, Daniel Leahy, a friend of theirs, was arrested for criminal damage at the same time. Both O'Sullivan and Leahy alleged that they were assaulted by arresting gardaí officers. O'Sullivan claimed that Rossiter had told him he had also been assaulted by

1080-507: The family's out-of-pocket expenses, and for some of the preparatory work involved in the case. The inquiry found no evidence that Rossiter had been assaulted inside the garda station, but found that he had been unlawfully detained by the gardaí. It sat for 80 days between December 2005 and September 2006, heard from 100 witnesses, including seven of Clonmel's gardaí, and reported in April 2008. In February 2008, Rossiter's family had criticised

1120-469: The fatal injury 56 hours before his admission to hospital – a time corresponding to the Hannigan assault. Ireland's State Pathologist, Doctor Marie Cassidy told the inquest that she was unable to pinpoint the precise time at which Rossiter sustained his death injury – she said people were "getting caught up in trying to be specific, to date things that were impossible to date." Professor Christopher Milroy,

1160-544: The garda station, and if so, who was responsible. The family threatened not to participate. There was a disagreement over legal fees. McDowell, though, insisted that the inquiry would have full powers. On 5 December 2005, the statutory inquiry into the death of Brian Rossiter opened in Dublin. It was expected to last for three months and to hear from 120 witnesses in private session. The Rossiter family's solicitor, Cian O'Carroll of Lynch and Partners, spoke of his belief that

1200-499: The gardaí. The Gardaí stated that whilst Brian gave abuse following his arrest, he then calmed down and fell asleep in his cell. They further stated that when they attempted to rouse him from his sleep at 09:30 the following morning, they could not wake him. Local doctors were called and Brian Rossiter was subsequently taken to St Joseph's Hospital in Clonmel before being transferred to Cork University Hospital. A garda investigation into

1240-401: The inquest that the gardaí had used force when they were arresting Rossiter and his friend, Anthony O'Sullivan, denying that she was making this up for her own satisfaction. A GP described her shock and despair upon her discovery of Rossiter's comatose body. Brian Rossiter's father told the inquest that a detective garda had informed him that his son had taken as many as sixteen ecstasy tablets,

Rossiter - Misplaced Pages Continue

1280-543: The person's given name (s) to the link. Retrieved from " https://en.wikipedia.org/w/index.php?title=Rossiter&oldid=1158072395 " Categories : Surnames Welsh-language surnames Hidden categories: Articles with short description Short description is different from Wikidata All set index articles Death of Brian Rossiter The death of Brian Rossiter occurred at Cork University Hospital in Cork , Ireland, on 14 September 2002, as

1320-528: The recommendations made by the jury regarding improvements in health and safety, in cases where young people are detained. Rossiter's father said he would have gone further: I would have gone further. I think there should be cameras in all areas of the Garda stations around the country – in corridors, entries, as well as exits. I think it's very important that CCTV should be in all areas of every Garda station. Investigative journalist Philip Boucher-Hayes received

1360-445: The terms of reference would still not allow the inquiry to get at the key issue, which he said was whether Rossiter had died from injuries inflicted inside the garda station or not, and, if he had sustained these injuries inside the garda station, then who had caused them. Pat Rossiter spoke of feeling "a bit anxious and a bit apprehensive" at the start of the inquiry but he also "hoped for the best". The Irish government had agreed to pay

1400-464: The treatment of persons in garda custody. These were that medical attention should be called to any garda station for any person, and especially those under the age of 17, if there were obvious signs of any injury or weakness, and that social services should be made available to gardaí at all times. Rossiter's parents described their six-year battle for justice as "gruelling" but expressed the wish that their son's death had not been in vain and welcomed

1440-399: Was "drunk out of his mind" and "as high as a kite", and yet later toxicology reports showed no evidence of this. Three medical experts gave conflicting evidence into the nature of Brian Rossiter's injuries. Neurosurgeon Charles Marks, the consultant who operated on Brian when he was admitted to Cork University Hospital, said he believed "on the balance of probability" that Rossiter sustained

1480-424: Was announced by the then Irish Minister for Justice Michael McDowell into Brian Rossiter's death, with the Minister apologising to the family for the way the case had been handled so far. The inquiry, led by Senior Counsel Hugh Hartnett was criticised by Rossiter's family for its limited scope. Pat Rossiter expressed his lack of confidence that the inquiry would be permitted to ask if his son had been killed at

1520-519: Was eventually given. An 18-year-old man was arrested but later released without charge due to insufficient evidence. Two successive inquests, in May 1981 and May 2004, have returned open verdicts on the victims of the New Cross house fire in which 13 black teenagers were killed by a fire at a birthday party. The families of the victims have long believed that the fire was started deliberately, possibly as

1560-411: Was sentenced to two and a half years imprisonment for assaulting Brian Rossiter. He had also been charged with manslaughter and assault causing serious harm, but these charges were later withdrawn, when a second inquiry, in addition to the statutory inquiry already announced, was launched in July 2005 to look into the reasons for charging Hannigan with manslaughter. On 30 June 2005, a statutory inquiry

1600-485: Was then aged 23). Due to return to Wexford on 8 September, he missed the bus and at around 12:30 am in the early morning of 9 September, was assaulted by Noel Hannigan near his sister's house on Cashel Street. Hannigan later admitted that he had headbutted Brian "four or five times" but denied punching him or kneeing him in the face. Rossiter sustained two black eyes and complained of a headache later that day and again on 10 September. On 10 September at approximately 9:30 in

#558441