The father of a 14-year-old schoolboy who died after a night in garda custody has said that the family cannot afford to co-operate with the inquiry into his arrest and detention.

Pat Rossiter, father of Brian Rossiter, was attending a preliminary meeting of the inquiry in Dublin today. 

He said it was not that the family did not want to co-operate, but that they did not have a choice. 

The inquiry, which intends to sit in Dublin, will not pay expenses to the Rossiter family. Legal teams have complained that the proposed costs will not cover their preliminary work and involvement with the hearings.

The Rossiters and their solicitor, Cian O'Carroll, have also complained that the inquiry's terms of reference are too narrow and will be unable to answer the question of why Brian Rossiter died.

The teenager had been arrested on suspicion of public order offences in Clonmel on 10 September 2002, and was held overnight with the consent of his father.

The next morning he was found to be in a coma and was transferred to hospital, but died two days later.