A LEGAL dispute over the remains of a former politician was heard in the Supreme Court yesterday afternoon.

Supreme Court Justice Ian Winder presided over a hearing involving Edwina Anderson-Brown and Erin Brown, sister and daughter respectively of the late Senator Edwin “Wykee” Brown. Brown’s state recognised funeral was held on February 5. Though the hearing was held in chambers, The Tribune understands that the court confirmed custody of the remains to the senator’s sister in the light of supporting affidavits and other documentation.

“I think everything turned on a technicality and that technicality was whether or not the daughter of the late senator had custody and control of the body,” attorney Halston Moultrie, who represents Mrs Anderson-Brown, said outside court.

“There wasn’t sufficient evidence to satisfy the court that she (Erin Brown) had custody and control of the body and that the morticians who have custody and control were not named as defendants and so he could not make the order against Erin Brown to release the body, she actually did not have custody and control.

“It’s a circumstance now where the executrix, who has the right to custody and control of the deceased body, can instruct the morticians on whether or not to cremate prior to an autopsy or whether or not to have the body released to the doctors to have an autopsy performed on the body.”

Brown was a founding member of what is now the Free National Movement in 1971 after immediately joining the Dissident Eight in 1970 who withdrew membership from the Progressive Liberal Party. He also was instrumental in the formation of the then Torchbearers Association in 1971.

The former senator’s health began failing him in recent years and a suggestion lingers with the family that he did not die of natural causes.

Mr. Moultrie had recently received an injunction from Justice Winder preventing Brown’s body from being cremated pending a hearing on the question of legal custody of the body.

Ambrose Armbrister, who appeared for Brown’s daughter in the proceedings, offered no comment on the matter. However, Mr. Moultrie said that the former senator, based on an affidavit filed to Supreme Court in January 2013, “was concerned for his safety and so the family was concerned.”

In light of the court’s ruling, Mr. Moultrie said: “I would have to await instructions to decide whether or not the family would pursue this any further, particularly now when it’s clear that the executrix has a right to determine whether an autopsy should be performed and decide on the date of the cremation.”

“In these matters of bereavement, they want to bring closure as quickly as possible” Mr. Moultrie concluded.

Anderson-Brown, sister of Edwin Brown, was made trustee of Brown’s estate in a will executed in April 2013.

By LAMECH JOHNSON

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