Concerns raised over restraint used on mentally ill Offaly man who died in prison

An investigation into the death of a psychiatric patient who was detained in Cloverhill Prison has raised serious questions after the post mortem findings were withheld from his family.

Despite the publication of the report, mystery still surrounds the “extent of the external and internal injuries" Ivan Rosney suffered before dying in 2020. 

It is understood that the 36-year-old Offaly man experienced mental health issues from a young age. In September 2020, he missed his daily medication and gardaí were called to an argument at his father’s house. This resulted in the Ferbane native’s arrest. 

RTÉ has reported that for reasons unknown, Mr Rosney was then taken to Cloverhill Prison instead of the Midland Regional Hospital in Portlaoise, where he had been previously treated many times. He was held in custody (at Cloverhill) for several days and was accommodated on D2 landing, designated for prisoners suffering from mental illness. 

READ MORE: Over €22k raised for 'compassionate' Offaly nurse and mum-of-two after unexpected death

On September 28, 2020 Mr Rosney passed away after he was taken from his cell and restrained by nine prison officers. 

The Office of the Inspector of Prisons’ (OIP) has only recently published its Death in Custody report, which comes nearly six years after the father-of-four’s death. This follows a RTÉ Investigates documentary that drew widespread public attention to the case.

The 21-page OIP report states the incident took place around the time Mr Rosney was due to appear before a district court by video link from Cloverhill Prison. He initially refused to leave his cell but then complied.

However, as he approached the video booth, he refused to enter and CCTV shows him "physically resisting" and grabbing onto metal partition bars. Officers were removing his grip from these bars.

Mr Rosney was then carried in a prone position by nine officers and placed on the floor where he was handcuffed and restrained. The report stated he refused to walk or move. He was put on the floor again where he “struggled,” spat and “kicked his legs at officers.” 

This resulted in velcro straps being placed around Mr Rosney’s legs and a spit hood over his head.  According to the report, footage shows him on the floor, face-down kicking - appearing to be firming his limbs and struggling to get free.

It was reported that “there was mucus and a small bit of blood coming out of his mouth and nose” yet he was not medically assessed at this time.

According to the report, Mr Rosney was lifted by officers towards the stairwell entrance of his ward following this, where he continued to struggle. Whilst going up the stairs, the hood was removed and it was said that Mr Rosney refused to comply with officers and “growled” at them.

The remainder of the incident on the stairs took place in a CCTV blind spot. 

Upon entering the D2 landing, an officer stated in the report: “I knew something wasn’t right with him. I immediately told everyone to stop and we placed (Mr Rosney) on the ground. His head got very heavy and didn’t seem to be supporting itself. I also couldn’t feel him breathing on my hands. When I turned his head it was blue”.

Officers called a nurse to assist and a Code Red was immediately implemented. CPR was attempted, a defibrillator was used and an oxygen mask was placed on Mr Rosney. Nursing staff continued CPR attempts between AED shocks being administered. A doctor and ambulance also arrived on the scene. 

He was removed to Tallaght University Hospital where he was subsequently pronounced dead. His post mortem findings were redacted from the report. 

The control and restraint of the now-deceased Mr Rosney took place over approximately 11 minutes. A file was prepared for the Director of Public Prosecutions by An Garda Síochána but no criminal charges were brought. 

While welcoming the publication of the OIP report, Saoirse Brady, Executive Director at the  Irish Penal Reform Trust (IPRT) said:“It does not provide the answers nor the closure that the family deserve and that the principles of transparency and accountability require.”

Ms Brady said that not only is the report “distressing” to read but it also points to “clear systemic failures in both community services and inside the prison walls.” 

The organisation says it is “deeply concerned” about the findings and there are “serious questions” raised about the response to the situation that unfolded. They said it is still not clear why medical or healthcare professionals were not consulted before using control and restraint measures.

"While the Death in Custody report points to the CCTV blind spot in the stairwell, and we do not know exactly what took place there, it is a fact that Mr Rosney came out of that stairwell unresponsive and ultimately died. We also do not have sight of the extent of his injuries," commented Ms Brady.

The organisation are looking for answers as to why the post mortem results were redacted since this could provide essential information to Mr Rosney's family and members of the public. 

The IPRT have also called on the Irish Prison Service to implement the findings of the OIP without question or delay, saying that the absence of a post-mortem report leaves many questions unanswered. 

Mr Rosney’s family must now face a further wait for an inquest and the coroner to determine his cause of death.