End these ‘ barbaric’ double post mortems, family begs
Victim was ‘cut open twice’
THE heartbroken father of a man killed in a New Year’s Day attack branded the justice system ‘barbaric’ as he urged ministers to review current procedures.
Kevin Woodburn told of his grief over losing his son Shaun, who died following an assault which saw his killer jailed for just four years.
He said the family’s plans for the 30-year-old’s funeral were delayed after the defence requested a second postmortem even before a first had been carried out.
Mr Woodburn said this meant his son was ‘cut open’ twice and was just one of the many ways in which he felt the justice system in Scotland is failing victims and their families.
Last month, he met Nicola Sturgeon and Justice Secretary Michael Matheson and urged them to carry out an independent review into justice proceedings.
Among the demands he has made is for only one postmortem to be carried out on victims.
Mr Matheson was quizzed on the case by MSP Kezia Dugdale yesterday, and he revealed that law officers will look into the relevant rules. He said it is possible ‘improvements can be made on current practice’.
Yesterday, Kevin Woodburn was in the Scottish parliament to meet Miss Dugdale with his parents Pat and Oliver.
He said: ‘I can’t stop fighting in his [Shaun’s] name to make changes to the system.’
Father-of-one Shaun died after being attacked by a teenager outside Gladstone’s pub in Leith, Edinburgh, in the early hours of January 1, 2017.
The youth was given four years’ detention after being convicted of culpable homicide. Mr Woodburn said it took more than two weeks for Shaun’s body to be released.
He said: ‘I see no reason where in any civilised society there has to be a God-given right that there will be a second post-mortem on behalf of an accused.
‘Why can we not have a system where there is a representative from the prosecution and a representative from the defence at the same post-mortem? Why is that not possible, we’re in the 21st century?
‘The whole process comes across as barbaric, medieval. There is no need for it, there is another way to deal with it.’
Mr Woodburn welcomed the review but said members of the public must be at its heart.
He said: ‘All I would ask is that it’s not done with ministers and intellectuals sitting in a room. It’s done with members of the public involved, people who have been in the process.’
Mr Woodburn is also calling for wider changes to enhance the rights of victims during court proceedings.
Miss Dugdale previously tabled a written parliamentary question to Mr Matheson on whether ministers have plans to review the law surrounding post-mortems.
In his response, the Justice Secretary said that the defence has a right in law to instruct a post-mortem examination on behalf of an accused.
He added: ‘It is, however, possible that improvements can be made on current practice.
‘The Crown Office and Procurator Fiscal Service have advised that they are currently working with forensic pathologists on a revised post-mortem examination protocol that may help reduce the number of further post-mortem examinations instructed by the defence.’
‘I can’t stop fighting’