The father of a boy who died after being taken into garda custody is considering suing the force for a second time, it emerged tonight.
Pat Rossiter has already taken High Court proceedings against the Gardai for the wrongful arrest of his 14-year-old son Brian in Clonmel in September 2002.
He said he was now considering suing for damages after he was cleared of public order charges brought against him last year. "I just can't take any more of it. A line has to be drawn someplace and someone has to stand up and be counted," he said.
Last week Judge Terence Finn dismissed two public order charges against Pat Rossiter at Clonmel District Court and described the garda case as "beyond redemption".
A Garda superintendent has been appointed to investigate the bringing of the public order charges against Mr Rossiter, who claims he was singled out for taking legal action against the force.
"After everything else with Brian and to doggedly pursue me for 12 months — incredible," he told RTE radio.
Mr Rossiter was arrested last May after gardai went to the scene of a row at Irishtown in Clonmel.
At the time, he was going home with his sister and her teenage son in a taxi. He was charged with being drunk, a danger to himself and others and with using threatening, abusive or insulting behaviour in a public place.
Judge Finn dismissed the charges and said the prosecuting garda, who is also appearing at the private inquiry into the death of Mr Rossiter's son, had had "an endgame in sight and that was the arrest of Mr Rossiter".
Barrister Hugh Hartnett is heading the private inquiry into Brian Rossiter's death. The 14-year-old was arrested in September 2002 and taken to Clonmel Garda station. He was found comatose in his cell soon afterwards and died in hospital two days later.
PA