The Cork City Coroner has questioned when the report into the circumstances surrounding the death of 14-year-old Brian Rossiter will be published.
City Coroner Dr Myra Cullinane told a preliminary hearing taking submissions from the Rossiter family and the State that she had written twice to the Hartnett Inquiry but had not received any reply.
The Hartnett Inquiry was set up in December 2005 to investigate the circumstances surrounding the death of the teenager who died in Cork University Hospital, two days after falling unconscious while in garda custody in Clonmel in September 2002.
The solicitor for the Rossiter family, Cian O'Carroll, told the coroner that the family did not want the inquest to go ahead until the report was published.
The family's only interest, he said, is that they get to the truth behind the death of their son.
However, the coroner stressed that there was no procedural reason why the inquest could not go ahead now unless there was any likelihood of further criminal proceedings.
But Stephen Byrne of the Chief State Solicitor's Office, representing An Garda Síochána at the hearing, said he would have to take specific instructions on when publication of the report is expected but added that the likelihood of criminal proceedings arising from the report is 'very small'.
Dr Cullinane said she would reserve her position to consider the submissions from both parties.
She adjourned the inquest for mention until 26 July next.