By YOURI KEMP
The attorney general yesterday argued there was sufficient flexibility in Bahamian law to ensure relatives of missing Dorian victims will not wait seven years to access financial payouts.
Carl Bethel QC, pictured, told Tribune Business that the existing Coroner's Act enables the process for dealing with missing persons, who are presumed dead, to be speeded up.
He explained that the coroner can determine that an inquiry is not needed in special circumstances such as those created by Hurricane Dorian, and the number of missing, and ensure a certificate of death is rapidly issued by the Registrar General's Department.
Mr Bethel was speaking after Sir Franklyn Wilson, the Arawak Homes and Sunshine Holdings chairman, warned that the financial hardship faced by relatives of those missing in Hurricane Dorian could be exacerbated without changes to Bahamian law.
He said the historic seven-year wait for missing persons to formally be declared dead could now prevent hundreds of Bahamians and their families from accessing much-needed life insurance payouts and bank accounts belonging to their deceased relatives.
With hundreds of Abaco residents, especially, feared dead and swept out to sea where they may never be found, Sir Franklyn called on the government to change laws relating to missing persons so that hundreds are not further financially disadvantaged by the category five storm.
However, Mr Bethel said: "The coroner, who is a judicial officer, has authority to convene an inquest in any judicious manner and to hold an inquest as a result of missing persons." He added that the Coroner's Act 2011 provides for such flexibility around the waiving of an inquest.
Clause 20 of the Coroner's Act 2011 empowers the coroner to waive inquests if they find it unnecessary, whereas Clause 37 allows for the attorney general to determine whether or not a jury is necessary for a Coroner's Inquest. Both measures are designed to expedite the death certificate process.
Comments
Use the comment form below to begin a discussion about this content.
Sign in to comment
Or login with:
OpenID