Undertaker who exhumed corpse avoids jail

An undertaker escaped a criminal conviction yesterday after pleading guilty to illegally exhuming the body of a 95-year-old man from a cemetery.

Donal Daffy, of Skagh, Croom, Co Limerick, who has worked as a funeral director for over 30 years, admitted failing to acquire an exhumation licence before digging up the man’s remains and moving them to a graveyard 5km away.

The 59-year-old undertaker unlawfully exhumed the body of Joseph ‘Josie’ Graham on Feb 26, 2011, from Clounanna Graveyard, Patrickswell, Co Limerick, and reburied the remains in St Mary’s Cemetery.

Michael Noonan, solicitor for Mr Daffy, told Newcastle West District Court his client was only doing Mr Graham’s family “a favour” and regretted his actions.

The court heard Mr Graham was survived by extended family only, after passing away in Feb 2009. Billy Graham, a nephew of the deceased who organised the funeral, said he had no information on where his uncle wanted to be buried.

He contacted Limerick County Council and was referred to the caretaker of Clounanna Cemetery who, the court heard, had information about where Josie 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.

Billy Graham said pressure from an unidentified individual had been put on him on two occasions to have the body moved.

Mr Graham said he app-roached Mr Daffy, who had carried out the burial of his uncle, and asked him to exhume and rebury his uncle’s remains.

When asked why he made contact with Mr Daffy, the witness replied: “Because pressure was put on me a second time.”

Det Gda Gary Laide said no licence was granted for the exhumation but agreed that the defendant was acting on instructions of the deceased’s family.

In summing up, Mr Noonan said: “Full care was taken by the gravediggers with the reburial. My client accepts he should have got the licence. He did it as a favour to the deceased’s family. No payment was made. He has made full admissions.”

Judge Mary O’Halloran acceded to a plea from Mr Daffy’s solicitor to apply the Probation Act after Mr Noonan said his client was willing to make a €1,000 donation to Clounanna Cemetery for its upkeep.

Speaking outside court afterwards, Mr Daffy said he had only tried to do the Grahams a favour. “I’m just delighted it’s all over and done with, and we’ve had a very happy conclusion.”