Evening Telegraph (First Edition)
Court action raised
Wife’s bid to have missing husband declared dead
THE wife of a former dentist who went missing in July has launched a bid to have him declared dead.
Walenty Smernicki, known as Val, was last seen on July 10 near his home in Tayport at 7.45pm.
A large-scale search — which involved police dog teams, the coastguard and lifeboats from RNLI Broughty Ferry — was launched following the 71-year-old’s disappearance.
Police Scotland launched a public appeal at the time, saying they were increasingly worried about his whereabouts.
Sergeant Neil Johnston of St Andrews police station said the pensioner was not in the best of health and called for any information.
Now, the Tele can reveal that an action has been raised at Dundee Sheriff Court by Margaret Smernicki.
It is generally accepted that someone has to be missing for a period of seven years before they are legally declared dead.
But there are circumstances where this could happen sooner if there is information the person may not be alive.
Any person wishing to defend the court action must do so by lodging a minute with the Sheriff Clerk’s office in Dundee by December 14.
Mr Smernicki’s family could not be reached for comment.
At the time of Mr Smernicki’s disappearance, teams searched both the north and south shores of the River Tay, all the way from the railway bridge to Buddon Point.
Earlier this year, the parents of a Dundee man, who went missing more than a year ago, successfully won a court action to declare him dead.
Jason Sharifi, 25, who lived in Mid Craigie, was last seen walking across the Forth Road Bridge in August 2014 but there have been no sightings since. His mum and dad Patricia and Siamak Sharifi, of Downfield, subsequently lodged a court action which a sheriff granted.