The family of a man who died in jail are set to sue the State after the DPP decided no prison officers will face prosecution over his death.
Ivan Rosney, 37, became unwell and died on September 28, 2020, after he was restrained by several prison officers at Cloverhill Prison in Dublin.
The dad-of-four, from Ferbane in Co Offaly, who had a history of mental health issues, had been jailed days earlier for breaching a barring order.
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Earlier this week, a preliminary inquest hearing was told the Director of Public Prosecutions had reviewed a file submitted by gardai and decided not to prosecute.
A close family friend told the Irish Sunday Mirror the Rosney family has hired a lawyer and is considering legal action over Ivan’s death. The source said: “The family has legal representation and they are determined to take this further. They will not let it lie.
“Never for a moment would they want to believe that the prison officers set out to hurt Ivan, but the concern is did they follow protocol? The family hasn’t seen the CCTV footage and that is something that they have requested.”
Tuesday’s inquest hearing at Dublin District Coronoer’s Court was told the DPP had reviewed a file submitted by gardai and directed that no prosecution should arise. Sput Niamh Molloy said she understood the case was being reviewed after Mr Rosney’s family sought an explanation for the DPP’s decision.
Following a brief hearing last year, Ivan’s dad Des Rosney said he was aware gardai had sent CCTV footage of the incident to Scotland for analysis.
Mr Rosney said he believed his son had been carried in a prone condition face-down “like a crucifix”.
He added: “Being carried in that manner can place a strain on a person’s heart.”
Speaking shortly after his son’s death Des, 62, told the Irish Sunday Mirror: “Ivan was due to appear in court via videolink the day he died. We just want answers.”
A spokesperson for the Irish Prison Service said: “The Irish Prison Service does not comment on ongoing investigations.”
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