SHAUN’S LAW
Politicians and legal chiefs to streamline process of barbaric multiple autopsies
LEGAL chiefs have taken a major step towards Shaun’s Law – inspired by young slain dad Shaun Woodburn.
They are working on plans to limit multiple post-mortems, which
add to the agony of families who have lost loved ones to murder or manslaughter.
Lord Advocate James Wolffe – Scotland’s top prosecutor – hopes streamlining the system will reduce delays in grieving families being reunited with their lost ones.
The Scottish Government’s decision to review legal procedures followed a campaign by Shaun’s grieving family.
Former junior footballer Shaun was fatally injured early on New Year’s Day 2017.
He was celebrating Hogmanay in Edinburgh when he was attacked on the street – by a gang who had launched several random attacks on strangers across the city.
Shaun’s father Kevin last month blasted “medieval” post-mortem rules that saw his son “cut open again”.
Writing in the Record, he laid bare his heartbreak at Shaun’s funeral being put on hold when the defence requested its own post-mortem of the body.
Last night, Kevin said the campaigners were “delighted” at the new development in their battle for justice.
Senior Government sources told the Record they were “determined” to improve the process and it’s felt that with key legal figures now engaged, the momentum for change is practically irreversible.
The Woodburn family met First Minister Nicola Sturgeon and Justice Secretary Michael Matheson as part of their campaign and won the support of former Scottish Labour leader Kezia Dugdale.
Under existing Scots law, defence teams have a legal right to instruct a second postmortem on behalf of the accused – a vital part of the legal process.
The Woodburns want defence rights respected, but argue that a single post-mortem could be carried out provided there were representatives present from all interested parties.
Wolffe said yesterday that defence and prosecution experts are being told to devise ways of creating “more effective consultation” to cut down on repeat post-mortems.
In a written parliamentary response to Dugdale, he said the Crown Office and Procurator Fiscal Service were consulting with expert bodies to review protocols to enable more effective consultation between pathologists instructed by the crown and defence.
He wrote: “Effective consultation would support an informed defence decision as to whether a second physical post-mortem examination was required and may reduce not only the number of required defence examinations but also delays in the return of deceased persons to their families, reflecting the views of families.”
Justice Secretary Michael Matheson is understood to have made it clear he wants any possible improvements to be made quickly.
He said yesterday: “The trauma and horror of losing a loved one to violent crime cannot be underestimated.
“While the justice system must always ensure a fair trial for those accused of violent crimes, I am pleased that steps are being taken by the Crown Office with a view to minimising unnecessary trauma for families through the holding of second post-mortems.
“I know any improvements that can be made will be welcomed as our justice system and our justice processes seek to become as focused on the needs of victims as they can be.”
Dugdale also welcomed the “encouraging response from the Lord Advocate”.
She added: “The Woodburn family are demonstrating incredible bravery as they try to ensure greater transparency in justice proceedings.
“Kevin has spoken courageously
about how difficult it was to endure two separate post-mortems of Shaun’s body.
“He deserves to be listened to, and I’m pleased that agencies are now coming together to review the protocols.
“It is vitally important to protect the rights of the accused, but the existing system caused considerable distress for the Woodburns.”
Dad-of-one Shaun, 30, was attacked outside a bar in Leith. He died later in hospital from massive head injuries.
His killer, Mohammed Ibnomer, who was 16 at the time, was caged for just four years for the reduced offence of culpable homicide. He was originally charged with murder.
Kevin said last night: “I am delighted to hear there is a will within government and the judicial system to address the obvious issues with the post-mortem system – and the victims and their families are at last being recognised as important.
“Obviously, we as a family are delighted at this news and we will continue to challenge the system to make sure that these promises are delivered once and for all.”
He thanked Dugdale and SNP MSP Ben Macpherson for their help, as well as Sturgeon and Matheson for “listening so intently to what we had to say and acting so swiftly”.
He added: “I’d also like to show my appreciation most of all to the 70,000-plus people who supported our initial petition and the thousands more who contact us to offer help and support.
“I promise this will be the first step along the way to hopefully having a more balanced system, one which puts victims and their families first and which the Scottish people can rightly be proud of.
“Without all of you supporting us, we would not be able to give Shaun the legacy he so deserves.”