The disappearance of an Irishman in Peru a year ago was recalled at the High Court yesterday when the man's wife was allowed dispense with the need to produce a death certificate before securing a grant of probate on his estate.
The body of Mr Brendan Donegan, late of Monkstown, Co Dublin, and managing director of Doherty Advertising, has never been found. His wife, Philomena, asked Mr Justice Kearns for an order yesterday giving her permission to swear, not as a certainty but to the best of her belief, that her husband died in the Andes mountains on or about July 27th last. Ms Doreen Shivnen, for Mrs Donegan, said Mr Donegan, with two colleagues, Mr Derek Thompson, Bray, Co Wicklow, and Mr Diarmuid Delaney, Tallaght, Co Dublin, went on a mountaineering expedition in the Andes last July 4th. The object was to climb a number of peaks culminating in an attempt on Huascaran, the highest peak .
On the morning of July 27th, the three set out to reach the summit of Huascaran. At 1 a.m., Mr Thompson and Mr Delaney got into difficulty and turned back. Mr Donegan went on and, it is believed, reached the summit. On the descent, it was presumed he tripped on one of his crampons and fell 1,200 feet.
A report from the Peruvian mountain rescue team concluded it was more than likely that he had fallen and was trapped in a deep crevasse.
Mr Justice Kearns said he had viewed a video of the location of the incident. He noted that certain items belonging to Mr Donegan had been found. Counsel said that, besides his wife, Mr Donegan had two daughters, Nicola and Camille. He had made a will in 1976 bequeathing his entire estate to his wife. There was a number of insurance policies.
In an affidavit, Mrs Donegan said she got a message from the Department of Foreign Affairs on July 30th last year informing her that her husband was missing.
The rescue team had concluded Mr Donegan fell 80 metres, rolled 150 metres and fell vertically from an ice cliff into a crevasse. The retrieval of his body would have been impossible given the dangers to rescuers.
Ms Shivnen said a person normally had to be dead for a minimum of seven years before such an application, but a court was not prevented from making an order in relation to a shorter time.
Mr Justice Kearns said he was satisfied this was a proper application brought with great care and sensitivity. He offered his deepest sympathy to Mrs Donegan and her daughters, who were in court. Having looked at the video, he said he was sure the Donegan family would wish the court to extend thanks to the Peruvian authorities.