Family to seek court’s permission to view body of family member who succumbed to Covid-19

The High court on Monday October 25, 2021, will make the final determination on whether a family has the right to view the body of a loved one who died from Covid-19. In the interim, an injunction has been granted by the court preventing North Eastern Funeral Home (NEFA)  or the Ministry of Health from burying or disposing of the remains of the woman.

It was expected that the body of the late Althea Marianna Cadette better known as Dada of La Plaine, who resided in Morne Jaune, would have been laid to rest on October 21, 2021. However, the funeral service and burial have been halted after family members claim that they were prevented by NEFA from viewing the body of the deceased before the burial.

One of the children of the deceased 78-year-old informed Dominica News Online (DNO) that the reason given by NEFA for not allowing them to view the body is because Cadette’s death was Covid-19 related.

However, the family insists that such accommodations have been made for others in the past and says the decision is a denial of their first step toward achieving closure and as such, adds to their grief.

“My mother was last seen by her family in early September when she was admitted for COVID-19. Now she is gone and we are not asking to touch the body, all we are simply asking is to view the body which they say is that of my mother to confirm before being placed in a casket,” an emotional daughter of the deceased said to DNO. “We have reached out to the funeral home and they have refused us this but said we can peep through the corner of the door. That makes absolutely no sense.”

According to her, a representative from NEFA told the family that the Ministry of Health directed that the body of their mother should not be dressed, but should be buried in the state in which it arrived at the funeral home, a situation which the family deems unacceptable.

“My mother wasn’t in any way shape or form so badly off that she needs to be buried without us seeing her face for a final time. In traffic accidents, people’s faces are reconstructed for their family to view them so unless we have a Dominican Covid-19 virus that is more infectious  than anywhere else in the world, I don’t know the reason for that decision,” the daughter stated.

Another family member also told DNO that NEFA has further denied their request to have the body of their mother who was a member of the association, turned over to them for transfer to another funeral home, hence, an injunction was filed and granted, and a High Court Judge will hand down judgement regarding their right to view the body on October 25.

The response by a NEFA representative to DNO’s request for comment on the matter was, “we have nothing to say on this.” However, we have since obtained a copy of a letter sent to the family’s lawyer Cara Shillingford-Marsh by attorney-at-law Tiyani Behanzin who represents the association, .

Behanzin’s letter, dated October 21, is in response to a letter originally sent by Shillingford-Marsh to NEFA. He contended that in refusing to allow the family to view the body, his client was simply acting on instructions from the Environmental Health Department of the Ministry of Health, Wellness and New Health Investment.

He said based on the instructions, the bodies of all Covid-19 infected patients must remain closed and no viewing is allowed at any stage, whether at the funeral home, the church or the graveside.

“The body is not embalmed, and simply refrigerated, as soon as practically possible. The body, after two to four hours will release fluids, so it is dangerous to open the body bag,” NEFA’s attorney wrote.

Nevertheless, Behanzin claims, on October 20 at 12:30 p.m, there was an attempt by NEFA to accommodate the family by allowing them to view the face of the deceased by unzipping the body bag, an arrangement which was agreed upon by the Chief Environmental Health Officer while the Department amended the Procedure for Safe Management of Dead.

However, he said despite the arrangement, one family member threatened to move the body to another funeral home, where he said the body would be prepared and permission given to view it.

“I am instructed that Mr. Rupert Cadette appeared at NEFA facility in Fond Cole about 1:00 p.m, on the 20th of October 2021. He stated that he came to drop off the garments,” the letter from Behanzin states. “He was asked about the viewing; he said he is not viewing today, he will view tomorrow because he is in contact with Mrs. Tassie Thomas, who told him that NEFA is supposed to prepare the body for viewing before the funeral on Thursday the 21 of October 2021.”

Behanzin also notes in the letter that Cadette further stated that he was arranging for a mortuary nurse to come to NEFA to prepare the body but NEFA staff reminded him that the instruction was that he was coming to view now and no arrangements for any preparation of the body was agreed by the Chief Environmental Health Officer and the garments could not be accepted from him.

“He eventually left threatening that he will go to his lawyer,” the letter revealed.

Insisting that the Cadette family will not receive any damages as his client is not liable for any of the “erroneous claims made without conducting any investigations or even a simple review,” Behanzin labeled the letter sent by attorney Shilingford-Marsh on behalf of the family as “an act of extortion in the circumstances.”

“This is not a legal issue, but an Environmental Health issue. You must explain to those you represent the reasons for such precautionary measures in such grave circumstances,” Behanzin declared and urged Shillingford-Marsh to advise her clients to stop harassing the Staff of NEFA and conduct themselves in a proper manner.

He further averred that the Chief Environmental Health Officer was informed of the letter from the family and confirmed that the deceased’s remains cannot be moved to any other funeral home as all such establishments are subject to the same restrictions.

DNO also contacted the Chief Environmental Health Officer, Tassie Thomas who turned down the opportunity to comment on the Procedure for Safe Management of Dead and any amendments which may have been made to the procedure as disclosed by Behanzin in his letter to Shillingford-Marsh and confirmed by another funeral home on the island.