FIVE Limerick priests have been ordered to pay the legal costs of a woman who sued them, claiming she was denied the right to be buried beside her late husband after a drain was installed in the family grave without her knowledge.
75-year-old Eilish Boughen of Rathbranagh House, Croom issued civil proceedings against the registered owners of Reilig Mhuire Cemetery in Croom.
Among those named in the summons were Fr Joseph Kennedy, Glenfield Road, Kilmallock; Fr Joseph Cussen, Lisieux, Gortboy, Newcastle West; Fr Michael Wall, Naomh Iosaf, O’Connell Avenue, Limerick and Fr William Walsh, Rockhill, Bruree.
Former Limerick hurler and senior hurling team selector Canon Willie Fitzmaurice was listed as the fifth named defendant, in his role as the successor to former Croom Parish Priest Fr Joseph Kennedy.
All five were sued as representatives of the Roman Catholic Bishop of Limerick.
A sixth defendant, Donal Daffy of Daffy’s Funeral Home in Croom was described in the Endorsement of Claim as “an undertaker, member of the graveyard committee and cemetery manager”, with responsibility for allocating, positioning and measuring the Boughen plot.
In documents lodged with Limerick Circuit Civil Court, Ms Boughen claimed that, following the death of her husband, Brian Boughen, on November 1, 2013, she purchased two grave-spaces, side by side, for €1,000 from then Croom parish priest, Fr Joseph Kennedy.
She claimed all six defendants were aware that she purchased the graves with the intention of being buried beside her late husband.
She stated that on the day of her husband’s burial, part of his grave-space “subsided or collapsed and water ran into the grave. Notwithstanding this, he was interred in the grave”.
On November 14, 2014, she purchased a €3,000 granite headstone, which was positioned at the head of the grave, about 2.85metres from an adjacent footpath, and in line with others headstones.
Ms Boughen claimed that sometime during September/October 2015, Donal Daffy, his servants and/or agents, installed a “French drain” in her husband’s grave, running parallel to an adjacent footpath, resulting in 600mm of the plot being cut off.
The six defendants later asked her to have her husband’s headstone moved back 600mm in line with the headstones of graves dug subsequently, and that Mr Daffy was attempting to change the location of the grave-space, 600mm back from its original position.
This would deny her a legal right to be buried beside her husband, she claimed.
Ms Boughen claimed all six defendants were “negligent and in breach of duty, statutory duty, and in breach of contract, regulations under the Public Health (Ireland) Act 1878, and Council bye-laws.
She sought damages for distress and anxiety and also sought to have the plot returned to its original state with the “French drain” relocated, and the location of her husband’s remains be “accurately recorded”.
The claims were denied by the six defendants.
Before evidence was heard in the case, Ms Boughen’s barrister, David O’Regan, informed Judge Patrick Meghan that the matter had been settled.
The judge granted an order sought by the plaintiff, consented by all parties, for declarations that (a) the plaintiff is entitled, on death, to be buried directly beside her late husband; (b) that the plaintiff’s late husband’s grave-space be situated 2.85m back from the edge of a footpath to the back of his headstone; and (c) that the location of the plaintiffs grave-space be accurately recorded.
The proceedings against all six defendants were struck out with no admission of liability.
An order for Ms Boughen’s costs, including all reserved costs, was made against the five priests, to be adjudicated in a follow up agreement between parties.
Judge Meghan remarked: “I’m glad this very sensitive matter has been resolved.”
Speaking after the hearing, Eilish Boughen said she had taken great pride in caring for her husband, who was diagnosed with Parkinson’s in his 30s, until his final days.
“This day cannot be called a happy one for me, but it’s a day of relief.
“I feel that now I have done my best for my husband, although he is no longer here. Ours was a relationship where I always was by his side looking after him and he always supported me in my role.
“This has been exceptionally hard without that love and support, but I was determined to look after Brian to the best of my ability for the rest of my days.”
“I certainly didn’t want my church to be involved in this but I got absolutely no support and it was very sad.”
Her daughter Siobhan Boughen said: “It’s justice for my Dad. It’s sad that it came to this. It should never have come to this, but at least now I know that I can bury my mum alongside my dad.”
