The father of Ivan Rosney, who died in prison almost six years ago, has told an inquest that he worried about his son being “a danger to himself” and he had hoped he would receive mental health treatment when he was brought into custody.
Mr Rosney, a 36-year-old father from Ferbane, Co Offaly, died on 28 September 2020 after becoming unwell while being restrained by several prison officers in Cloverhill Prison.
Prison staff were attempting to bring him to a booth on the ground floor of the prison for a court appearance via video-link at the time of his death.
Mr Rosney, who had a history of mental health issues, had been remanded to prison after becoming physically aggressive during an incident at his father’s house a few days earlier.
A jury was sworn in this morning at an inquest at Dublin City Coroner’s Court in relation to his death.
The court heard the first witness, Des Rosney, recall how he received a phone call on 28 September 2020 that his son had died while also sharing details of the last time he had seen him.
Mr Rosney said that on 22 September 2020, gardaí were called to his house after his son had become angry during an incident outside. “You would be nervous when he was angry. I didn’t want him to do something,” he told the court.
He said they all agreed it was “a good thing for him to be brought in and receive mental health treatment”. “That was my hope,” he said.
He told the court that his son had attended hospital regularly. “It is hard to explain, he was up and down, highs and lows.”
He also outlined how his son was extremely kind-hearted and that he had a great relationship with his sister Debbie. Mr Rosney said that he thought his son had bipolar disorder.
Ivan Rosney was on remand at Cloverhill Prison at the time of his death
Medical records were also read out in court to explain how Ivan Rosney had been assessed by psychiatrists, but that he had “no definite diagnosis” in 2019.
The jury was told how he had been discharged from psychiatry services in early September 2020 because he was not attending appointments.
Professor Conor O’Neill, a consultant forensic psychiatrist, gave evidence, saying he had assessed Mr Rosney during a previous period in custody. He said that he was giving his assessment in court today based on the records of his colleagues who had seen Mr Rosney at Cloverhill Prison in September 2020.
Prof O’Neill said when Mr Rosney arrived in prison on 23 September 2020, he was placed in the D2 wing “in light of his mental health history” where many people who were considered “vulnerable” were placed.
He explained how Mr Rosney was reviewed by primary care staff initially, including the prison GP, and then assessed by a psychiatry team two days later on 25 September.
He told the court their medical findings were of someone with polysubstance abuse, drug-induced psychosis and emotionally unstable personality disorder. He said there was no indication of hospitalisation but that he required further assessment.
Mr Rosney was prescribed the drug Olanzapine. Prof O’Neill give evidence that Mr Rosney had been given the drug previously and had no adverse reaction to it.
The barrister for Mr Rosney’s family, Gabriel Gavigan SC, asked if there was a possibility that the sudden introduction of Olanzapine could have pre-empted an “aggressive condition”, with Prof O’Neill replying that it would be more likely to cause an opposite reaction.
Documents were handed to the jury during this morning’s hearing with Coroner Myra Cullinane explaining to the jury of four men and four women that the documents should become more “meaningful” when they hear the evidence. She said that they were intended to orientate them with the building where Mr Rosney’s death took place.
Garda Superintendent Niamh Molloy was asked by the Coroner to bring the jury through the documents in a “factual way”. They included sketches of the layout of the D2 area where Ivan Rosney’s prison cell was, with different angles shown, and where he was being brought to for the court appearance via video link. It also included still images of CCTV footage.
Simon Mills SC, barrister for the Irish Prison Service, requested that the jury be asked if they were “satisfied” with all of the content afterwards.
During the hearing, Mr Rosney’s family left the court for approximately half an hour on the advice of the Coroner while CCTV footage was shown of the time leading up to Mr Rosney’s death. Ms Cullinane advised them it could be distressing for them to watch.
Court hears evidence from prison officers
The court also heard evidence from prison officers who were in contact with Mr Rosney on the day of his death and who explained what happened as he was being brought from the cell in D2 to the booth downstairs for his court appearance.
Barrister Mr Gavigan asked about evidence in the CCTV footage and what happened when Mr Rosney became resistant and the methods used by prison officers.
In a statement read out to the court, prison officer Gareth Murphy said staff were struggling when they reached the gate and Mr Rosney was shouting and aggressive. He stated that three staff put him onto the ground, and one took control of his head during “correct procedures”.
The court heard at one point there could have been seven prison officers trying to lift Mr Rosney. Mr Gavigan asked about the hands-on technique used and who had made the decision to use leg restraints on him.
He also asked why Mr Rosney was carried face down in the prone position and if prison officers knew this was not allowed. The court heard how Mr Rosney was grunting as he was being carried face down.
When asked if there were any medical staff present at this point, prison officer Brian Keogh told the court there was not.
He was also asked if he was given any instructions to check the prisoner, to which he replied, no. He told the court it was difficult to see through the goggles he was wearing as they were dressed in full PPE during the Covid pandemic.
The inquest into Mr Rosney’s death was due to take place in March but was adjourned before a jury was sworn in after the Irish Prison Service requested additional CCTV footage be entered into evidence, should it exist.
Last month the inquest heard no further CCTV footage of the incident exists.
The inquiry is expected to continue for several days.
At a preliminary hearing in June 2023, it was revealed that the DPP had directed that no criminal prosecution should arise from the circumstances of Mr Rosney’s death following a garda investigation.