West Virginia-based Rev Exoo is facing an attempt to have him extradited to the Republic, where he admits assisting the suicide of a woman in Donnybrook four years ago, writes Ali Bracken.
The US citizen facing criminal proceedings for assisting in a suicide has dismissed an attempt by the Irish authorities to have him extradited.
In his first interview with the Irish media since 2003, Rev George Exoo, the right-to-die activist from West Virginia, tells The Irish Times of the role he played in assisting the suicide of Dublin woman Rosemary Toole-Gilhooley (49). He also predicts that his proposed extradition will never happen.
Assisted suicide is a criminal offence in Ireland, punishable by up to 14 years in prison. To date, no one has been charged with this crime, but the Irish authorities have indicated that this is about to change.
On April 19th this year, Sgt Séamus Finn from Donnybrook Garda station told Dublin City Coroner's Court that the Director of Public Prosecutions (DPP) had begun the process of extraditing a US citizen in order to bring criminal proceedings in relation to an assisted suicide in 2002. "The DPP has directed that criminal proceedings be taken against a named individual. He has to be extradited to Ireland in order that criminal proceedings be brought," Finn said.
The Garda had provided the US authorities with the documentation to facilitate an extradition, Finn said. An extradition treaty between Ireland and the US exists.
According to the 1993 Criminal Law (Suicide) Act, "if you assist someone to commit suicide, you may be charged with murder, manslaughter or assisted suicide".
Regarding his extradition, Exoo says: "The Irish authorities have been saying this for years. Nobody has been in touch with me about an extradition. I'm not going to Ireland. It would serve no purpose for me to spend time in an Irish jail."
He explains how he travelled to Ireland to assist Rosemary take her own life in a rented house in Donnybrook in 2002 after speaking with her several times by telephone. "She was so bubbly for the first few days when we got here. I asked her a few times 'are you sure you want to do this?' But she said she did and that she was happy and excited that we were here."
Exoo, who travelled to Ireland with his partner, Thomas McGurrin, says he played no physical part in the suicide.
"I just held her hand and prayed. She was the one who pulled down the bag over her head. There was enough medication to kill five elephants."
Exoo says Toole-Gilhooley had purchased four large helium tanks and the purpose-built bag from a Canadian right-to-die organisation. He confirms she paid him $2,500 (€1,957) to cover the cost of hotels, flights and other expenses.
He says that contrary to media reports, Toole-Gilhooley was suffering from a medical condition and not depression alone. He says she suffered from Cushing's syndrome and that he would never take part in an assisted suicide unless the person had a serious condition that was "confirmed by my medical adviser". Cushing's syndrome is a hormonal disorder caused by prolonged exposure of the body's tissues to high levels of the hormone cortisol.
He claims he has assisted "about 100" suicides since he founded the Compassionate Chaplaincy in West Virginia in 1997.
"It is not just about assisting suicide. We often show people that they don't want to take their own life as well as just being there for people who want to talk."
Daniel Neville, president of the Irish Association of Suicidology and Fine Gael TD, says the announcement of Exoo's planned extradition to face criminal proceedings is in line with the law. "Suicide was decriminalised in Ireland in 1993, the last country in western Europe to do so.
"The Act of the Oireachtas introduced at that time expressly criminalised aiding, abetting, counselling or procuring the suicide of another. Apart from the serious moral and ethical principals involved, there are serious societal reasons for disallowing euthanasia and assisted suicide. There is a fear of developing a 'slippery slope', whereby if euthanasia becomes acceptable under any circumstances, the boundaries of what is considered lawful killing would be stretched even wider."
Neville expresses concern about the effect a high-profile court case involving Exoo would have on the family of Toole-Gilhooley.
Exoo says he spoke to her father before travelling to Ireland to assist in her suicide. "I spoke to him on the phone before I went over and he gave me his blessing."
Finn says that the proposed extradition may take years.
While assisted suicide in Ireland is considered rare, it is less uncommon for Irish people to travel abroad to end their own lives.
The most high-profile case came to light last year. In late 2004, a man who had become severely disabled due to an accident some years previously, travelled to Switzerland. He later died in Zürich with the assistance of the Swiss right-to-die organisation, Dignitas. Assisted suicide is legal in Switzerland, provided there is no personal motive or gain for those providing assistance.
"It's still against the law for an Irish person to travel to commit suicide in another country and it's against my principles, but we can't control what happens in another state. And we shouldn't. I certainly don't think we should disallow people from travelling," says Neville.
At present, the Irish Association of Suicidology is concerned with the many websites that "outline ways for taking one's life. They're suggestive and there's a copycat factor," Neville says.
In April 2005, one-third of 15 doctors surveyed by The Irish Times at the annual meeting of the Irish Medical Organisation said they had been asked by a patient to help end their lives.
Exoo says he will immediately seek legal advice if his extradition is sought. He was visited by gardaí once at his home in the US in 2002. "I had my lawyer present and didn't have to say a word."
He says his conscience is clear and he intends to continue with his work. "I have no qualms. The people I help are grateful. I also help keep a lot of people alive."