Coroner rejects calls to refer death of farmer to gardaí

by Seán McCárthaigh

A coroner has rejected calls to refer the circumstances of the death of an elderly Offaly farmer on the day after he got married to gardaí for a detailed forensic investigation.

The application was made at the conclusion of a three-day inquest into the death of Joe Grogan (75) who died at his home in Screggan, Tullamore, Co Offaly on April 15, 2023 just 24 hours after he got married to to his part-time carer, Lisa Flaherty, in a registry office unknown to any of his relatives who were unaware the couple were even in a relationship.

Mr Grogan was a well-known figure in Irish farming circles for hosting the National Ploughing Championships between 2016 and 2018, while the farm will also stage this year’s event in September.

The inquest at Offaly Coroner’s Court in Tullamore heard that Ms Flaherty – a special needs assistant and mother of three who was 26 years junior to her husband– stands to inherit the 220-acre farm which is valued at €5.5 million as his widow.

It had previously heard that the cause of the farmer’s death could not be determined because it was embalmed before a postmortem could be carried out which restricted the tests that could be conducted by a pathologist.

The farmer had been diagnosed with Stage IV Non-Hodgkin lymphoma (a form of blood cancer) in January 2023 and had responded well to treatment, although Ms Flaherty gave evidence that he believed he was dying.

On Tuesday, counsel for three cousins of the deceased – Alo, Margaret and Seán Grogan – Damien Tansey SC, called on the coroner, Raymond Mahon, not to return a verdict and to refer the matter to the DPP for a forensic examination of Mr Grogan’s death by gardaí.

Mr Tansey said it would be most unfair to the farmer’s memory and to his family if the request was declined.

Separately, Peter Jones, a solicitor for an aunt of the deceased, Teresa Mooney, also asked the coroner to refer the death to gardaí and to return an open verdict.

Mr Jones claimed the inquest had left “an awful lot of unanswered questions” and the circumstances of Mr Grogan’s death could only be challenged by trained personnel used to investigating “suspicious deaths.”

However, Mr Mahon returned a narrative verdict that the farmer’s death was probably due to an infection on the balance of probabilities.

He noted the deceased was a person with a Stage IV high grade cancer who was receiving chemotherapy treatment with a compromised immune system who had also suffered “significant weight loss.”

Mr Grogan’s weight went from 79kg in June 2022 to 67.6kg at the time he was diagnosed with cancer and to 51kg at the time of his death.

The coroner said evidence from witnesses of Mr Grogan’s “slow, elongated decline” lent support to his view that Mr Grogan’s death was caused by an infection.

He rejected the suggestion of Mr Tansey that a verdict of unlawful killing could be considered as the evidence was not “anywhere near the level of proof” required to support such a finding.

Referring to a claim by Mr Jones that the farmer had been “left to die,” Mr Mahon said there was valid criticism about the way Mr Grogan’s care was managed following his last session of chemotherapy.

However, Mr Mahon, who retired as coroner following the case, noted that the deceased had repeatedly told people he did not want to go to hospital and a relative had stated that it was obvious he was dying.

In a submission, Mr Tansey said there was disquiet in the area where Mr Grogan lived over the circumstances of his death which had been significantly added to by the evidence heard at the inquest.

He claimed that the coroner also appeared “sufficiently troubled” to repossess the body after it had been embalmed to allow an examination to be carried out to try and establish the cause of death.

Mr Tansey said the pathologist Charles D’Adhemar, was working in impossible circumstances due to the “irreparable damage” caused by the embalming process.

However, he noted that Dr D’Adhemar had been able to detect the presence of three drugs in the body of the deceased which if used in a combination of large quantities could cause respiratory depression.

Mr Tansey accused Ms Flaherty of telling “porkies” by putting out a false narrative that the farmer was at the end stage of life and requiring palliative care.

He observed that Ms Flaherty had not tried to explain that she was in an “on-off relationship” with Mr Grogan when she gave evidence that their relationship had been over 16 years but later having to admit that she had another partner up to 2020.

Mr Tansey said another troubling issue was the secrecy surrounding the couple’s marriage about which even Ms Flaherty’s sister and best friend were unaware.

He also observed she had not called any doctor to see Mr Grogan for the ten days he had been at home before his death after being discharged from hospital after chemotherapy.

The barrister claimed Ms Flaherty had also called an undertaker with “indecent haste” and had tried to “ensnare” a doctor in her scheme for getting the body released.

There was a gasped reaction among the large crowd attending the inquest when Mr Tansey reminded the coroner that a verdict of unlawful killing was open to him.

He pointed out that Mr Grogan was clearly ill in the days before his death and there was going to be “a dreadful end” if there was no appropriate medical intervention.

However, he said the only time the farmer was taken from his house during that period was to go to a registry office “to hurriedly and secretly arrange a marriage.”

In his submission, Mr Jones said the most solid evidence at the inquest came from doctors who had never given a direction that Mr Grogan required palliative care as suggested by Ms Flaherty.

He noted an oncologist had stated the farmer’s death was not inevitable and Mr Jones said it would be a travesty to suggest otherwise.

The solicitor remarked that a “reign of secrecy” had prevailed over Mr Grogan’s final days, while adding that his death was not due to cancer, heart failure or any infection.

However, he claimed the inquest, despite the coroner’s best efforts, had not come any nearer to establishing the cause of death.

Mr Jones also noted the “cruelty” of members of the Grogan family being excluded and only being told of the farmer’s death by a friend.

He argued the only people who could “get to the bottom of this” would be An Garda Síochána and a further investigation would “satisfy public disquiet.”

The solicitor said Mr Grogan wanted to live and had “everything to live for.”

However, counsel for Mr Flaherty, Stephen Byrne BL, claimed the inquest had been used to attack Ms Flaherty’s good name and reputation.

Mr Byrne said one submission had just stopped short of accusing her of causing Mr Grogan’s death.

He claimed the fact that gardaí had not taken any further steps to date “must carry some weight.”

Mr Byrne reminded the coroner that one of Mr Grogan’s own relatives, Enta Conroy, had given evidence that he was fading and approaching the end of his life.

He pointed out that no member of the Grogan family had contacted any doctor if they were so concerned about his health.

The barrister said he struggled to find the relevance of the marriage to the inquest, while the coroner had directed that its validity was not open for discussion.

He also sharply criticised the approach adopted by the Grogan family to the inquest and how they thought it fit and appropriate that Ms Flaherty should have been asked if her marriage had ever been consummated.

The previous two days of evidence of the inquest had also been dominated by bad-tempered exchanges between the legal representatives after the validity of the marriage was questioned, despite a marriage certificate being produced at the hearing.

There were further heated exchanges on Tuesday after Mr Tansey claimed previous evidence of Ms Flaherty which stated her relationship with the deceased started when she was 16 “puts it in the realm of being a paedophile.”

Offering his commiserations to all parties at the conclusion of the inquest, the coroner said it had been “a very difficult case for everyone.”

Speaking afterwards, Seán Grogan said his family had just wanted to find that “our cousin was treated properly in his dying days” after concerns were first raised when his funeral arrangements had been “chopped and changed.”

Mr Tansey said the Grogans had been surprised and concerned to find out that no medical personnel had been contacted by Ms Flaherty in the 10 days before his death when it was clear he was suffering some infection from his last session of chemotherapy.

The barrister said the focus “from here on in will be the merit and circumstances of that marriage.”