An inquest into the death of a Co Offaly farmer was adjourned on Friday after his wife’s barrister claimed the process was being used to question the validity of their marriage, which took place on the day before the man’s death.
Joe Grogan (75), whose farm at Screggan, about 6km southeast of Tullamore, is to host this year’s National Ploughing Championships, died on April 15th, 2023, at his home.
Damien Tansey SC, for the cousins of Mr Grogan, including Seán and Margaret Grogan, told the court the deceased was diagnosed with cancer in December 2022.
However, Dr Ben Kato, a doctor with Midoc who attended the deceased two hours after his death, and whose statement was due to be read into the court record, was not called to attend.
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Mr Tansey and Peter Jones, solicitor for Teresa Mooney, an aunt of the deceased, objected to Dr Kato not being called as a witness as they wished to cross-examine him.
Stephen Byrne, representing Lisa Flaherty Grogan, wife of the deceased, acknowledged that there were “reasonably strong if not strong grounds” on which to seek an adjournment to facilitate Dr Kato’s attendance.
“It is preferable that all the doctors are present in court when giving evidence as they are part of a medical jig-saw,” said Mr Tansey.
He and Mr Byrne said they believed all the witnesses should be called as one unit, but Mr Jones felt that the court was competent to receive the evidence in slots.
However, the inquest attracted further controversy in relation to Mr Grogan’s marriage to Ms Flaherty Grogan, which took place one day before his death.
During the inquest, Mr Tansey referred to the “would-be” marriage between the couple, which drew sharp criticism from Mr Byrne.
“I am concerned by Mr Tansey’s use of the term ‘would-be marriage’,” he said. “It suggests that Mr Tansey intends to use this forum to inquire into the validity of my client’s marriage ... my client who is legally and validly married.”
Coroner Raymond Mahon, who repeatedly asked Mr Byrne to resume his seat, said the marriage was not relevant to the purpose of the inquiry, which was to establish the identity of the deceased and how, when and where he died.
Ms Flaherty Grogan was visibly upset at times during the hearing.
Mr Tansey told the coroner that in his long-time attending inquests, he had never come across a case where a pathologist could not conclude a cause of death.
“I have never come across circumstances where, before a notification of death form was completed, the body of the deceased was taken away and embalmed, which only with your [the coroner’s] and the guards’ intervention, was that [embalming] process stopped, but not before irreparable damage was done,” he added.
Mr Byrne appealed to the coroner to “direct as best you can Mr Tansey from saying anything that might insinuate any wrongdoing on the part of my client”.
“He shouldn’t be using this opportunity under privilege to insinuate any wrongdoing on the part of anyone.”
As matters became heated in the court, Sgt Brendan Kearns, who was assisting the coroner, informed the court that other witnesses present were taken aback by the nature of the proceedings and wished to talk to their own legal representatives.
“I’m not making an application [to adjourn], I’m only suggesting an adjournment,” he said.
Between next of kin, relations, legal representatives and members of the media, the inquiry drew a significant attendance.
Mr Mahon decided to adjourn the inquest possibly until the first week in July as this will be the next available date on which pathologist Dr Kaithi Perera will be available. Pathologist Dr Charles d’Adhemar is also due to be called as a witness.
The circumstances in which a death must be reported to a coroner include sudden, unnatural, violent or unexplained deaths.
In most cases, a GP can certify the medical cause of death and the Registrar of Births, Deaths and Marriages can register the death in the usual way. However, if a doctor has not seen and treated a deceased for the condition from which they died within 28 days of death, then it should be reported to the coroner.
