AN UNDERTAKER who pleaded guilty to illegally exhuming the body of a 95-year-old man from a cemetery in Co Limerick told a District Court judge he regretted his actions, but that he had dug up the remains as a favour to the family.
Donal Daffy, who has worked as a funeral director for more than 30 years, admitted failing to acquire an exhumation licence before digging up the man’s remains and moving them to another graveyard three miles away.
The 59-year-old undertaker unlawfully exhumed the body of Joseph Graham on February 26th, 2011, from Clounanna Graveyard, Patrickswell, Co Limerick, and reburied them in St Mary’s Cemetery, also in the townland. Michael Noonan, solicitor for Mr Daffy, told Newcastle West District Court that his client was only doing Mr Graham’s family “a favour” and that he “regretted” his actions.
The court heard Mr Graham was survived by extended family only, after passing away in February 2009.
Billy Graham, a nephew of the deceased, who organised the funeral, said he had no information as to where his uncle wanted to be buried. He said he had contacted Limerick County Council and was referred to the caretaker of Clounanna Cemetery, who the court heard had information about where Joseph Graham wanted to be buried. The deceased was laid to rest in a plot in Clounanna in which it was believed some of his distant relatives were buried more than 80 years previously.
Mr Graham said “pressure” had been put on him twice, from an unidentified individual, to have the body moved. He approached Mr Daffy, who had carried out the burial, and asked him to exhume and rebury the remains. Asked why he contacted Mr Daffy, the witness replied: “Because pressure was put on me the second time.”
Det Garda Gary Laide, Roxboro Road Garda station, Limerick, said no licence was granted for the exhumation. However, he agreed that “the defendant was acting on the instructions of the deceased’s family”, and in their “best interests”.
In summing up, Mr Noonan said: “At the time of the burial, there was no issue. Nobody had been buried in the grave for over 80 years. A complaint was made later by an individual. The nephew and a niece [of Josie Graham] were referred to some local caretaker who had known the plans. Further pressure was brought on the nephew and niece. They contacted the defendant and asked him about the reburial.
“Full care was taken by the grave diggers with the reburial.”
Had he been convicted, Mr Daffy, of Croom, Co Limerick, faced a maximum fine of €1,270 and/or a six-month jail sentence under section 46 of the Local Government (Sanitary Services) Act, 1948. However, Judge Mary O’Halloran acceded to a plea from Mr Daffy’s solicitor to apply the Probation Act, since his client was willing to make a €1,000 donation to Clounanna Cemetery for its continued upkeep.