Council unaware of other next of kin when it granted exhumation of man’s remains, court hears
High Court Reporter
Dún Laoghaire-Rathdown County Council was unaware a woman had other living siblings when it permitted her to exhume her father’s remains, the High Court has heard.
Charlotte Farrell-Quin purportedly did not disclose to the council that she was one of five living children of the late Gerard Farrell when she sought permission to exhume his remains from Deansgrange Cemetery last November, Ms Farrell-Quin’s brother, Paschal Farrell, says in a High Court action.
In proceedings brought against the local authority, Mr Farrell said that he, along with other siblings, were not made aware of his sister’s application for exhumation to the council.
They were further unaware of the subsequent exhumation of Gerard’s remains and reinterment at a cemetery in Ashford, Co Wicklow, where Ms Farrell-Quin resides.
Mr Farrell, of Millers Wood, Bray, Co Wicklow, said that had he been aware of his sister’s application to exhume their father’s remains, he would have objected “in the strongest possible terms”.
In certain circumstances, permission for exhumation of human remains is granted by local authorities in the form of an exhumation licence.
Mr Farrell was given permission to bring his judicial review proceedings in April, seeking to quash the council’s decision to grant an exhumation licence to Ms Farrell-Quin, among other reliefs.
Ms Farrell-Quin is a notice party to the proceedings.
On Tuesday, updating Ms Justice Mary Rose Gearty on the case, Mr Farrell’s barrister, Brendan Hennessy, said the council’s position is that it was only aware of one of Gerard’s children, Ms Farrell-Quin, when granting the exhumation licence.
Mr Hennessy, instructed by Benville Robinson solicitors, said there was some urgency to the case.
Ms Justice Gearty said it was possible the case would be assigned a hearing date in December or January. The judge adjourned the case to next month.
Gerard Farrell died in August 2009, aged 77. He was initially buried at a family plot in Deansgrange Cemetery, where at least three generations of his family are also interred, Mr Farrell said in his court documents.
