I want to ease agony of families enduring their worst nightmare
MSP tells why he launched Bill to ban multiple post-mortems
AN SNP MSP will today launch a bid to protect the families of homicide victims from having to endure multiple post-mortems on their loved ones – after a campaign by the relatives of Paige Doherty and Shaun Woodburn.
Gil Paterson is trying to end the anxiety caused to grieving relatives when several postmortems are carried out on murder and homicide victims.
This can often be ordered by the defence lawyers of the accused in such cases – but causes unspeakable pain for the families involved as they can’t bury their loved ones.
Paterson is making the case for his private member ’s Bil l at Holyrood today aimed at ending the practice.
He said: “This is a simple but crucial measure which will ease the distress of families already enduring their worst nightmares.”
Under the current system, if an individual is charged with murder then their lawyer will receive a copy of the first post-mortem carried out for prosecutors.
How e v e r , a defence lawyer can ask f or a second post-mortem within 110 days, which creates huge uncertainty for the victim’s family. Paterson’s Bill puts a 14-day time limit on requesting pathologists to carry out a defence post-mortem. A court could also grant an extension. Clydebank and Milngavie MSP Paterson will speak about the proposal at Holyrood’s Justice Committee. We previously revealed two heartbroken families who had lost loved ones in violent attacks were demanding a change in the law. Shaun Woodburn was killed in Edinburgh in 2017 after being attacked by teenage thug Mohammed Ibnomer. Shaun’s dad Kevin said mult ipl e post - mortems on his son caused extra heartache for the family. He said in May: “To find out after your son has been killed at the hands of another that each defendant to the crime has the automatic right to a second or third or, in our case, a fourth post-mortem was absolutely horrific and soul-destroying.
“You imagine that the system is there to protect victims but you find out that some of the legislation in place is far too heavily weighted in favour of the perpetrators and at the time the post- mortem laws definitely fell into that category.”
Paige Doherty was 15 when she was murdered by John Leathem in the back of his sandwich shop in Clydebank in 2016. He stabbed her 61 times.
Mum Pamela was angry her daughter’s funeral had to be delayed due to multiple post mortems. She said in May: “It was a month in the end but would probably have been longer had I not threatened legal action and press coverage. My daughter’s dignity was definitely not upheld in this matter and our wishes not respected.”
Paterson, whose constituents include Paige’s family, said: “This Bill, which seeks to reform the system of post-mortem examinations in murder and culpable homicide cases, was influenced by the unacceptably long wait the family of Paige endured following a lengthy defence post-mortem process.
“If successful, this Bill will provide much-needed clarity and certainty for all those involved in tragic cases like Paige’s and contribute to creating a fairer and more dignified justice system in this country.
“We must improve the situation for victims’ families and I am convinced that my proposal will make things clearer for them while, at the same time, safeguarding the rights of the accused to a fair trial.”