Vincent Browne continues his tirade against the Minister for Justice in today’s SBP. Vincent is right on the money. Note the comments in bold.
It is surprising, therefore, that when a solicitor acting for the Rossiter family first wrote to the Minister for Justice, Michael McDowell, on January 16, 2004, alarm bells did not go off in the Department of Justice, Equality and Law Reform.
They should have, because of the seriousness of the issue involved – the death of a 14-year-old boy in Garda custody – and because of the experience of Garda conduct in Donegal, as being revealed by the Morris Tribunal.
The first reply, dated January 19, 2004, acknowledged receipt of the letter and stated the matter was ‘receiving attention’”. There was no further indication of any “attention” for over two months.
So on March 29 the solicitor again wrote to Mc Dowell saying: ‘I would have hoped that the matter would have received more urgent attention, particularly since it relates to the loss of such a young life.â€?
On March 31 he received another reply saying the matter was “receiving attention”.
On April 22 the solicitor wrote again, saying: ‘Your office’s failure to reply [to previous letters], coupled with the refusal of the coroner, the DPP and Gardai to furnish a copy of the autopsy records to my client, has done little to bolster their confidence in the state’s appetite for a proper investigation of their young son’s death.â€?
On April 24, 2004, McDowell’s office replied that the matter was ‘receiving attention’”. On May 20, McDowell’s private secretary wrote to the solicitor, saying: ‘On receipt of your letter dated 16 January 2004, the minister requested that the Garda authorities prepare a report on the matter. He will communicate with you further when it comes to hand.â€?
Finally, on August 31, a substantive reply was received to the original letter of seven and a half months previously.
It stated: ‘I regret the delay in replying, but this was due to the need to obtain a Garda report on the matter. This report is now to hand.â€?
It went on: ‘The investigation of a criminal complaint is an operational matter for An Garda Siochana and, as such, the minister has no role or function herein.â€?
It went on to refuse access to the autopsy report.
So it took McDowell seven and a half months to conclude that the original representations made to him concerning the death of Brian Rossiter amounted to a criminal complaint, and that he had no function in the matter.
No need to await a Garda report if that was the line to be taken. No need to wait seven and a half months. The bereaved family of Brian Rossiter could have been told to get lost seven months previously.
What is new about all this is that when the heat was turned up on McDowell, he issued a statement on RTE’s 5-7 Live last Monday saying: ‘I have spoken to the Garda Commissioner about this tragic death and I have asked for a full report on this matter. I will not be commenting further until this report is released.â€?
But, according to his office in the letter sent to the Rossiters’ solicitor on May 20, 2004, on receipt of the original complaint on January 16, 2004, “the minister requested the Garda authorities prepare a report on the matter”.
If this was true, what is the reason for another report now from the same Garda authorities? One of the following explanations for this seeming contradiction may apply:
-there was no original request to the Garda authorities for a report, and the claim that there was is a falsehood;
-there was an original request, but the Garda authorities did not supply a report, McDowell did nothing and the claim that the report was ‘to hand’” by August 31, 2004 was a falsehood;
-the Garda authorities did supply a report, but McDowell failed to follow through on it, and the recent announcement of a further request for a report is a falsehood, designed to cover up his previous inaction, or
-this new request for a report from the Garda authorities is a subterfuge to cover up past inaction and buy time.
What on earth is McDowell doing?
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