Kapavore, In re [2020] PGDC 69; DC3036 (20 October 2020)

DC3036

PAPUA NEW GUINEA

[IN THE DISTRICT COURT OF JUSTICE

SITTING IN ITS CORONIAL JURISDICTION]

COR: 56 of 2020

RE -Application by Detective Chief Sergeant Aiyofa Faregere c/- CID Provincial Police Headquarters East New Britain Province on behalf of the Mr. Elias Kapavore , his family and relatives to exhume and rebury the remains of their late father, namely Benedict Kapavore;
Kokopo: SLavutul

2020: 19^th October,

Cases Cited

Nil

References

Cemeteries Act

Coroners Act 1953

Counsel

Detective Chief Sergeant Aiyofa Faregere on behalf of Elias Kapavore

CORONOR’S COURT PRACTICE & PROCEDURE: Coroners Act & Cemeteries Act of 1955 -Initial Report of death and Request for Warrant to take body interred – Exhumation of body for reburial – Section 29 (2) (3) of the Cemeteries Act, 1955.

The Law – EXHUMATION- Section 11 of the Coroners Act - Where it appears to a Coroner that there is grave suspicion as to the cause of the death of a person whose body has been buried, the Coroner may issue his warrant for the exhumation of the body for the purpose of holding an inquest.

The Law – EXHUMATION & REBURIAL - Section 29 (1) (2) (3) of the Cemeteries Act -

(1) The Minister may order or authorize the exhumation of a body and may, subject to such conditions as he thinks proper, delegate the power to do so to a Provincial Administrator, to be exercised by him within the province administered by him.

(2) Subject to any law relating to coroners, a coroner may order the exhumation of a body buried within a province in which he has jurisdiction.

(3) The power to order or authorize exhumation of a body under this section includes the power to order or authorize reburial of the body.

Ruling

20^th of October, 2020

Samuel Lavutul Principal Magistrate & Coroner sitting at Kokopo; This matter came before me on the 19^th of October, 2020 filed by Detective Chief Sergeant Aiyofa Faregere on behalf of Mr. Elias Kapavore and his family in order to remove the remains of their late father Benedict Kapavore now buried at Butam Block after he passed in 2008 and to be reburied at their Paka village, West Pomio Mamusi Local Level Government in Pomio District of East New Britain Province.

2. This application was in the form of a request letter dated the 14^th of October, 2020 seeking the Coroner to issue a warrant to take body interred.

3. By way of background late Benedict Kapavore came to reside with her daughter namely Ms. Rose Vada Kapavore at Butam Settlement Block in the Sikut Ward 16, Sinivit Local Level Government, Pomio District, East New Britain Province.

4. It appears from the information before me late Benedict Kapavore was at his old age of 77 years old and passed way after illness. There are no suspicious circumstances surrounding his death. Late Benedict Kapavore was buried at Butam Block with consent of the land owners.

5. It appears from the accompanying Statutory Declaration signed by Honourable Elias Kapavore dated the 14^th of October, 2020 at Waigani and endorsed by Commissioner for Oaths Richard Whitchurch LLB; at paragraphs 3, 4, 5 & 6 states “ the burial site with the surrounding blocks have now been replaced by oil palm trees under a new arrangement with the land owners. The current burial site of my late father is no longer safe, as it exposed to undue environmental and ecological disturbances. Considering the above, I have consulted with the land owners and my family members to exhume or dig up the remains of our late father, to be transported by chopper to Paka village on the 31^st of October, 2020.This arrangement has been agreed upon by the land owners, my family members and the Paka Community as the option to lay late father Snr Benedict Kapavore at his final resting place at Paka village”.

6. As Coroner and after having perused the documents filed herewith I am satisfied with the justifications and reasons following the exhumation of the remains of late Benedict Kapavore for the purposes of reburial at his home village of Paka in the West Pomio Mamusi Local Level Government in Pomio District of East New Britain Province.

7. As Coroner I hereby invoke my powers and authority conferred by Section 29 (2) and 29 (3) of the Cemeteries Act of 1955; I grant the orders for Honourable Elias Kapavore and his family to exhume the remains of their late father Benedict Kapavore for reburial at his Pakia village, Pomio District at their own convenience.