Report raises "deep" concerns over how late Offaly man was restrained in prison

An investigation into the death of an Offaly man while in custody in Cloverhill prison has expressed "deep reservations" about the way he was restrained by staff at the prison shortly before his passing.

Concerns over "the extent of the external and internal injuries" suffered by the late Ivan Rosney, a 36-year-old father of four from St Cynoc's Terrace in Ferbane, were also raised in the Office of the Inspector of Prisons report.

Mr Rosney, who had a history of mental illness, died after he had been restrained by a number of prison staff in Cloverhill on September 28, 2020.

Questions surrounding his death were raised during a two-part investigation into psychiatric care services which was broadcast on RTE television early last week.

On Friday, four days after the RTÉ programme first aired, the Department of Justice published the 'death in custody' investigation report by the Office of the Inspector of Prisons.

The report indicated that Mr Rosney 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.

A section of the report relating to the 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.

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.

RTÉ quoted a statement issued by a solicitor for the Rosney family, saying the death in custody report had been with the Department since October 2024 but the family had only been given three days' notice that the report was to be published on Friday.

"Despite numerous requests over the past 16 months, no explanation has ever been given to the Rosney family for the delay... in releasing the report," said the statement on behalf of the family.

"The family are extremely upset that they are only now being given these details in the public arena almost five and a half years after the death of their family member."

The Irish Penal Reform Trust (IPRT), meanwhile, said the publication of the report on Friday was "long overdue" and that "a number of deeply troubling issues" had been raised by it.

The IPRT said there had been "extensive" delays in relation to Mr Rosney's case, including a 16-month delay in the publication of the death in custody report on Friday.

"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.