Monday, May 18, 2009

Gardai drop probe into Rosemary suicide

THE investigation into the suspicious death of a young Dublin woman has effectively been closed after US authorities opted not to extradite a right-to-die activist who was with her when she died.

Prosecutors in the United States have opted not to appeal against a federal court decision not to extradite euthanasia advocate Rev George Exoo.

Gardai wanted to question Exoo in connection with the death of Rosemary Toole Gilhooley, who committed suicide, aged 49, in a Donnybrook apartment in January 2002.

Overdose

Rev Exoo admitted he was with Ms Toole Gilhooley when she died, but said he was present only to offer her counselling and took no active part in her physical death.

She died after taking an overdose of painkillers and placing a helium-filled bag over her head.

An inquest into her death, held in Dublin this week, ruled that she died by suicide. She passed away "in the presence of two other persons", the inquest found. These were Rev Exoo and his partner Thomas McGurrin. Exoo said he was too busy to attend the inquest.

The case, which is the only known incident of assisted suicide in Ireland, made headlines worldwide after Dublin gardai moved to arrest Rev Exoo, having identified him as spending the days before Ms Toole Gilhooley's death travelling with her, and his partner, around Co Mayo.

Senior officers from Dublin, including then Detective Superintendent PJ Browne and Det Insp JJ Keane, travelled to Rev Exoo's home city of Beckley, West Virginia, in 2002 as part of their investigations.

Prison

He was arrested in 2007 and spent four months in a US prison on remand, pending his extradition to Ireland.

However, the extradition move collapsed when a US federal court ruled that assisted suicide was not a crime in the majority of US states, meaning it could not be an extraditable offence.

Gardai were initially hopeful that the US authorities would appeal the decision, but 19 months later no such move has been taken and officers now believe that the US government has effectively closed the book on the matter.

A source said: "We've had no communications from the US since the original verdict and there appears to be no move at this stage to appeal the court's verdict. If more States there legislated to outlaw assisted suicide it could give us the leeway we need, but it all looks increasingly unlikely."

Open

The gardai had sought to prosecute Rev Exoo under the Criminal Law (Suicide) Act 1993, which made it an offence to assist a person committing suicide.

The crime is punishable by up to 14 years imprisonment.

The case of Ms Toole Gilhooley's death remains officially open on garda files but will not be taken any further, sources added.

Yesterday's inquest heard Ms Toole Gilhooley paid €2,030 to cover Rev Exxo and Mr McGurrin's travelling expenses for their trip to Dublin.

She carried out extensive preparations before her suicide, including renting a house in Donnybrook Manor, and sourcing gas canisters and medication.
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