In his complaint lodged on Friday, Larry Wheelock alleges that a garda sent him abusive text messages while other members of the force tapped his phone, diverted his calls to another garda and interfered with his post and email.

Wheelock's brother Terence (20), from Summerhill, Dublin, was found unconscious in a cell at Store Street Garda station in June 2005 after he apparently attempted to hang himself. He never regained consciousness and died threeand-a-half months later.

Yvonne Banbury, legal representative for the Wheelock family, said her office is to request that the garda ombudsman investigate the circumstances surrounding the man's death. "As more than six months has lapsed since the incident, they do not have to investigate. It is up to the ombudsman to decide whether it's in the public interest, " she told the Sunday Tribune.

Larry Wheelock has kept the memory cards containing the alleged abusive text messages and phone divert that may be requested by the ombudsman for examination. Wheelock said his two mobile phones were confiscated in February after his arrest for a public order offence following a protest in relation to his brother's death.

He alleged that when they were returned, the abusive text messages and phone diverting began.

"The text messages I got were very disturbing and were calling Terence a 'scumbag' and other things, " said Wheelock.

Banbury confirmed that one of the phones was kept in her office safe for safekeeping following the alleged incidents. She also stated that on occasion, her calls to Wheelock were diverted to another individual's voicemail, but could not comment further as the case is now with the garda ombudsman.

On Saturday, the Wheelock family will stage a peaceful protest outside Store Street station to mark the second anniversary of when he was discovered unconscious in a cell. The group are congregating at the Lady of Lourdes church on Sean McDermott Street at 1pm before walking to the station.