justice@justiceforryan.com
Robert Walter has now presented this petition to Parliament.
Mr Robert Walter(North Dorset): " Baby Ryan Franklin died at the hands of his father in May 2002, aged two. His body lay in a mortuary for a further 18 months, awaiting a second post mortem, which never took place-until a trial resulted in his father, Lee Khair, being convicted of his manslaughter. The childs Mother, my constituent, Cathy Franklin of Blandford, was outraged that she could not lay her baby to rest and has collected a petition, with 1000 signatures, demanding a change in the law, as well as many hundreds of e-mails.
The petition reads:
To the House of Commons,
The petition of Cathy Franklin and others,
Declares that after the death of Ryan John Franklin, his family were unable to bury him for nearly two years while time was made available for two post mortems to be carried out, and that the delay to his burial was the cause of great suffering.
The petitioners therefore request that the House of Commons pass legislation to make provision for post mortem arrangements in cases of violent death; and to limit to three months the time allowed for a second post mortem to be carried out before the body is released for burial."
And the petitioners remain etc.
To lie upon the table.
9 Sept 2004 : Column 955
Letter from Bob Walter MP
"The Government understands very well the deep distress that can be caused where the funeral of a victim of crime is delayed. Most coroners post mortem examinations take place within a day or two of the death, allowing the funeral to take place as soon as possible thereafter. However, if a crime has been committed, it may be in the interests of justice for the funeral to be deferred pending completion of the police investigation and any additional post mortem examination that any defendant may wish to have performed.
In order to help reduce delays in such cases to the minimum, Home Office guidance was issued in 1999 recommending that, unless the victims body could be released sooner, coroners should arrange a second post mortem after 28 days and release the body, if no-one had by then been charged in connection with the death. The police, the Crown Prosecution Service, pathologists and coroners were urged to give all such cases priority.
In general, this guidance has been found to be helpful, but the government is considering whether further steps including legislative steps might be taken to reduce delay for the victims family, while still providing proper safeguards for those accused of serious crime."
My comments: Further legislation is urgently needed to prevent too clever by half defence barristers trying every underhand trick in the book, to build a case of defence for an obviously guilty piece of scum, unaware or more likely, not caring about the further anguish being heaped upon grieving families.
I repeat, no 2nd post mortem was carried out by the defence or any medical examination whatsoever. Moreover, no medical experts were called by the defence at the trial. The defence was based on trying to debunk expert witnesses for the prosecution. The defence barrister tried to explain Ryan's extensive bruising as having been caused by the ambulance paramedics and the hospital doctors and nurses, which was a nonsense, as they had all provided exemplary medical care. But there was no way he could try and explain away the extensive head injuries. Now that gives you the measure of the defence barristers intelligence. He then had the audacity to appeal against sentence, which was given short shift by the Appeal Court Judges. May the murderer now rot in hell.
Thanks to everyone who sent messages of support. Further messages are still welcome, and will be forwarded to Robert Walter MP.
We have just heard that we have been refused legal aid to take our case to the European Court of Human Rights. The fact that Ryan lay undisturbed in a mortuary for 1 year and 6 months at the insistence of the defence, the fact that no medical examination of any kind was undertaken by the defence, the fact that no expert medical witnesses were called by the defence at the trial, none of these things were judged to be "wrong". All these actions we are told were in "the interests of justice". What utter rubbish.
Robert Walter has now presented this petition to Parliament.
Mr Robert Walter(North Dorset): " Baby Ryan Franklin died at the hands of his father in May 2002, aged two. His body lay in a mortuary for a further 18 months, awaiting a second post mortem, which never took place-until a trial resulted in his father, Lee Khair, being convicted of his manslaughter. The childs Mother, my constituent, Cathy Franklin of Blandford, was outraged that she could not lay her baby to rest and has collected a petition, with 1000 signatures, demanding a change in the law, as well as many hundreds of e-mails.
The petition reads:
To the House of Commons,
The petition of Cathy Franklin and others,
Declares that after the death of Ryan John Franklin, his family were unable to bury him for nearly two years while time was made available for two post mortems to be carried out, and that the delay to his burial was the cause of great suffering.
The petitioners therefore request that the House of Commons pass legislation to make provision for post mortem arrangements in cases of violent death; and to limit to three months the time allowed for a second post mortem to be carried out before the body is released for burial."
And the petitioners remain etc.
To lie upon the table.
9 Sept 2004 : Column 955
Letter from Bob Walter MP
"The Government understands very well the deep distress that can be caused where the funeral of a victim of crime is delayed. Most coroners post mortem examinations take place within a day or two of the death, allowing the funeral to take place as soon as possible thereafter. However, if a crime has been committed, it may be in the interests of justice for the funeral to be deferred pending completion of the police investigation and any additional post mortem examination that any defendant may wish to have performed.
In order to help reduce delays in such cases to the minimum, Home Office guidance was issued in 1999 recommending that, unless the victims body could be released sooner, coroners should arrange a second post mortem after 28 days and release the body, if no-one had by then been charged in connection with the death. The police, the Crown Prosecution Service, pathologists and coroners were urged to give all such cases priority.
In general, this guidance has been found to be helpful, but the government is considering whether further steps including legislative steps might be taken to reduce delay for the victims family, while still providing proper safeguards for those accused of serious crime."
My comments: Further legislation is urgently needed to prevent too clever by half defence barristers trying every underhand trick in the book, to build a case of defence for an obviously guilty piece of scum, unaware or more likely, not caring about the further anguish being heaped upon grieving families.
I repeat, no 2nd post mortem was carried out by the defence or any medical examination whatsoever. Moreover, no medical experts were called by the defence at the trial. The defence was based on trying to debunk expert witnesses for the prosecution. The defence barrister tried to explain Ryan's extensive bruising as having been caused by the ambulance paramedics and the hospital doctors and nurses, which was a nonsense, as they had all provided exemplary medical care. But there was no way he could try and explain away the extensive head injuries. Now that gives you the measure of the defence barristers intelligence. He then had the audacity to appeal against sentence, which was given short shift by the Appeal Court Judges. May the murderer now rot in hell.
Thanks to everyone who sent messages of support. Further messages are still welcome, and will be forwarded to Robert Walter MP.
We have just heard that we have been refused legal aid to take our case to the European Court of Human Rights. The fact that Ryan lay undisturbed in a mortuary for 1 year and 6 months at the insistence of the defence, the fact that no medical examination of any kind was undertaken by the defence, the fact that no expert medical witnesses were called by the defence at the trial, none of these things were judged to be "wrong". All these actions we are told were in "the interests of justice". What utter rubbish.
