State blocks will bequest to right-to-die activists

THE State has moved to stop four right-to-die activists benefiting financially from the will of the first person known to have committed assisted suicide in Ireland.

Rosemary Toole-Gilhooley, who died over three years ago, left what has been described as a substantial amount of money to four people, all based in North America, to fund work carried out by their right-to-die organisations.

Three of those are the Rev George Exoo, who still faces charges here of assisting Ms Toole-Gilhooley’s suicide; Derek Humphrey, the author of several books on voluntary euthanasia and who helped his wife to die; and Evelyn Martens, acquitted last year in Canada on charges of helping two people to die.

All three waived their right to fight for the money after Attorney General Rory Brady ruled that to allow the bequests would be “contrary to public policy”. An intervention can be made if a bequest is deemed “incompatible with the nature of the State”, one legal expert explained.

A fourth man is still fighting for his share and a High Court hearing is expected within weeks. A founder of the Canadian Right to Die Society, John Hofsess, has filed papers stating that he is entitled to the money.

He is unlikely to appear at the hearing, which sources close to the case believe will be straightforward. The case is expected to be settled in favour of the State.

If Ms Toole-Gilhooley had not stated the moneyit should be used to further the four’s right-to-die cause, it is unlikely the State would have been able to act to block the bequests.

The amount left is not yet known, but it is believed to be substantial. Some 11% of the total was bequeathed to the right-to-die activists.

Ms Toole-Gilhooley, 49, who had psychiatric problems but was not seriously physically ill, died in February 2002 in a rented apartment in Donnybrook, south Dublin. Mr Exoo and his partner Thomas McGurrin were with her when she died.

Donnybrook gardaí are keen to see the pair face trial here on charges of assisting the suicide.

Extradition papers have been served and a decision is likely to be made at a federal level in the US.

Mr Exoo admits he was with her but says he was there to give spiritual support. Ms Martens was also in touch with Ms Toole-Gilhooley by email prior to her death.