An inquest into the death of Joseph Grogan, Screggan, Tullamore, Co Offaly, was scheduled to take place last Friday 16 May, but was adjourned by Raymond Mahon, Offaly, county coroner, after legal representatives said all medical doctors involved in the case would have to be available for cross examination.

Joseph Grogan (77), a farmer, died on 15 April 2023 and the inquest at Tullamore Courthouse heard he had been suffering from cancer.

The National Ploughing Championships were held on Mr Grogan’s land at Screggan for three successive years from 2016 onwards and the National Ploughing Association has announced that this year’s event is to be hosted there by his wife, Lisa Flaherty Grogan.

Before any witnesses were called to give evidence at the inquest, Mr Mahon said that one of the doctors, Dr Ben Kato, would not be available in person or by video link.

Damien Tansey, SC, who appeared for Alo, Margaret and Seán Grogan, first cousins of the deceased, said the Grogan family believed it essential for Dr Kato to be in court for the inquest.

Peter Jones, solicitor, who appeared for Teresa Mooney, an aunt of the deceased, also said Dr Kato, a doctor with MIDOC, should be available and said he was the first medical practitioner at the scene on the date Mr Grogan died.

Mr Tansey asked the coroner to direct that Dr Kato be present and said he had attended two hours after the death and given the “level of uncertainty” in the pathologist’s report about the cause his presence would be essential, as would the presence of all the doctors.

Mr Tansey said he had worked at inquests for a long time around the country.

“I have never, ever encountered a report where the pathologist was unable to come to a conclusion,” he said.

He also said he had never encountered a situation where before a notification of death form was completed, “that the body of the deceased is taken away and embalmed”.

Garda intervention

He said that process was only stopped after the intervention of the guards “but not before irreparable damage was done”.

Stephen Byrne, BL, who appeared for Lisa Flaherty Grogan, intervened and asked the coroner to direct Mr Tansey to refrain from saying anything that might insinuate any wrongdoing on the part of his client.

Mr Byrne also questioned the relevance of Mr Tansey’s reference to a marriage which was conducted the day before Mr Grogan died.

After heated exchanges between both counsels, during which Mr Mahon said it was not the purpose of the inquest to ascribe any guilt, and while it may be relevant that a marriage took place, it was not going to help find a cause of death.

Mr Byrne said he was not going to be bullied by Mr Tansey and said he objected to him using the opening of the inquest “under the cloak of privilege” to address the coroner on matters that may or may not unfold.

Mr Byrne said he was anxious to protect Ms Flaherty Grogan’s good name and reputation and have fairness at the inquest.

On the question of Dr Kato’s presence, Mr Byrne said he would prefer all of the evidence to be heard in “one entire unit”.

Further evidence

Mr Tansey agreed, but Mr Jones said he would be prepared for the evidence to be received in slots, provided Dr Kato was called subsequently.

After Mr Mahon said he was going to “reluctantly” adjourn the proceedings, Mr Tansey said that another of his clients, Padraig Grogan, also a cousin of the deceased, who similarly ran a farming enterprise a short distance away, would also have evidence.

Padraig Grogan had visited Joseph Grogan and got access to the deceased’s house on eight occasions after his cancer diagnosis in December 2022, said Mr Tansey.

While it had been indicated by the coroner that one witness from the Grogan family, Seán Grogan, would be enough for the inquest, Mr Tansey said he believed Padraig had “an awful lot of evidence” which would be helpful.

Mr Mahon said he would decide if Padraig Grogan’s evidence would be admitted to evidence.

Mr Tansey then referred to another potential witness, a woman called Enta, a second cousin of the deceased, who had visited him practically every day, including 14 April 2023, “the day of the would-be marriage”.

Mr Byrne objected to the use by Mr Tansey of the words “would-be marriage” and Mr Mahon expressed doubt about the relevance of such evidence.

Validity of marriage

Mr Byrne said that if there were additional statements of evidence, he would have to see them before the inquest resumed and added that it seemed to him Mr Tansey wished to inquire into the validity of the marriage.

Responding, Mr Tansey stated that what Mr Byrne said was “preposterous”.

After the coroner again expressed concern about both counsels’ comments, Mr Byrne said: “My client, as far as the world is concerned, is legitimately and validly married.”

He added that he was concerned about Mr Tansey using the forum of the inquest to challenge the validity of the marriage.

Mr Byrne said that if that was so, the inquest would have to let him furnish whatever evidence he needed to deal with it.

Mr Tansey said he had no contribution to make to what he said was “preposterous questioning”.

Mr Mahon said “would-be marriage” was an inappropriate term to use and added: “However, it was made, and that’s it”.

The inquest also heard from one of the medical witnesses, Dr Kanthi Perera, that she would be available during the first week of July.

A pathologist, Dr Charles d’Adhemar, is also on the witness list.

Mr Mahon said he could not yet decide on an exact date when the inquest will take place but indicated he will attempt to facilitate all the witnesses.