Ferbane family "extremely upset" at handling of prison death report
The family of late Offaly man Ivan Rosney, who died in Cloverhill prison, said they were "extremely upset" by the circumstances in which a report into his death was made public by the Department of Justice last Friday.
An investigation report on the death of the 36-year-old expressed "deep reservations" about the manner in which he was restrained by prison staff shortly before his passing on September 28, 2020.
The Office of the Inspector of Prisons report also raised concerns over "the extent of the external and internal injuries" suffered by Mr Rosney, a father of four from St Cynoc's Terrace in Ferbane.
A statement on behalf of the Rosney family, which was issued to the Offaly Independent this week, said the family was "never contacted at any time by the Department of Justice to inform them that the report was to be published on Friday (last)".
The statement said the family only learned about the impending publication of the report through the national media, after Mr Rosney's case had been highlighted during an RTE Investigates programme early last week.
"The Rosney family had requested the report on more than 30 occasions since October 2024, when the report was given to the Department of Justice. No explanation has ever been given to the Rosney family for the delay of 16 months in releasing this report," said the statement issued through the family's solicitor.
A section of the report relating to a post mortem examination carried out on Mr Rosney was redacted in full, with Minister for Justice Jim O’Callaghan deciding it "would be contrary to the public interest" to publish those details.
The Rosney family’s statement said no explanation had been given for why it was "in the public’s interest" to redact this part of the report.
"The family are extremely upset that they were not furnished with the report in advance of the publication of the report but were only given details in the public arena almost five and a half years after the death of their family member," said the statement.
The ‘death in custody’ investigation report by the Office of the Inspector of Prisons indicated that Mr Rosney, who had a history of mental illness, was brought to Cloverhill prison on remand five days before his death, and was accommodated on a first-floor wing designated for prisoners with enhanced medical needs.
He had a scheduled court appearance, by video link, on September 28, 2020, and the report said he had walked, accompanied by prison officers, to the video link booth on the ground floor.
When he reached the video link booth he refused to enter, and the report said CCTV footage showed him "physically resisting" and grabbing hold of metal bars.
A struggle then ensued during which nine officers dragged Mr Rosney back towards his cell on the first floor. The report states that, during the incident, the 36-year old was handcuffed behind his back while in a prone position on the floor.
He had Velcro straps placed around his legs and a ‘spit hood’ was placed over his head for a time.
The report said one officer reported observing some blood and mucus coming from his mouth and nose, but there was no evidence of any medical assessment of his condition being sought at that stage.
The report stated that the prison officers carried Mr Rosney in a prone position up the stairwell to the first floor, however "it was not possible for the investigation team to verify what occurred on the stairwell" during a two and a half minute period, because that particular area of the prison was a "CCTV blackspot".
The report said it had taken Mr Rosney 32 seconds to descend the stairs but it took two minutes and 37 seconds for him to be carried back up the stairs to the first floor landing.
After he reached the landing, concerns were raised by the officers about his condition. A nurse who was then called to assist declared a ‘code red’ medical emergency.
Mr Rosney was referred to in the report as ‘Mr J’ and, in its conclusions, the report said the Office of the Inspector of Prisons had "deep reservations about the manner in which Mr J was restrained and about the extent of the external and internal injuries to his body revealed at post mortem".
It said it "appears that some prison officers may not have complied fully" with prison service control and restraint procedures, "including by failing to seek healthcare advice when Mr J showed initial signs of distress such as blood and mucus flow from his nose and mouth".
The report made a series of recommendations around ensuring that proper control and restraint procedures are followed in prisons, while another recommendation called for the upgrading of CCTV coverage in prisons with a view to eliminating ‘blind spot’ areas not covered by cameras.
A statement issued by the Justice Minister expressed his "deepest sympathy to the family of the deceased" and said the publication of the death in custody report would now allow for an inquest to take place.
The Irish Penal Reform Trust (IPRT) said the publication of the report on Friday was "long overdue" and that "a number of deeply troubling issues" had been raised by it.
"While grieving their loved one, the family have been left in the dark for five and a half years and it appears that the main impetus for its publication is the RTE Investigates documentary that drew widespread public attention to the case," said the IPRT.
"It should not have required the intervention of a television programme to precipitate (the report’s) release."
It went on to say that, while the report provided some further detail of what happened to Mr Rosney while in Cloverhill Prison, it did not "provide the answers nor the closure that the family deserve and that the principles of transparency and accountability require".
"The family now must face a further wait for an inquest and the coroner to determine the cause of death which we hope will shed more light on what took place.
"However, we note that having to engage in another process may further compound the family’s distress, grief and trauma," the Irish Penal Reform Trust said.