Advertisement

Small, final ‘victory’ for Daniel Morcombe to help other grieving parents

For Bruce and Denise Morcombe, the trauma of their son’s abduction and murder was compounded by the delay in returning his remains for burial.

Mar 26, 2021, updated Mar 26, 2021
Bruce and Denise Morcombe (Pic: ABC)

Bruce and Denise Morcombe (Pic: ABC)

Almost two years ago, after an inquest into Daniel’s murder, State Coroner Terry Ryan recommended the government amend laws to impose a time limit on testing of human remains in circumstances where the prosecution and defence fail to agree on the deceased’s identity.

But the government has been slow to commit, highlighting the complexities of such situations.

As recently as January, Daniel’s father Bruce said the family was “hell bent on seeing the recommendations enacted to make it easier for the next Daniel case that may come up in the future”.

After a question on notice from the Opposition’s Tim Nicholls, Attorney-General Shannon Fentiman this week confirmed the recommendation would be implemented.

“I am advised that, having considered the results of consultation with key stakeholders concerning this complex and sensitive issue, the Department of Justice and Attorney- General has now commenced work on developing a model to implement the recommendation,” Fentiman wrote.

“I commend the strong advocacy of Bruce and Denise Morcombe and their tireless efforts to increase the safety of our children.”

Daniel, 13, was abducted and murdered on the Sunshine Coast in 2003. After a lengthy police investigation, his attacker, child sex offender Brett Peter Cowan, was in 2014 sentenced to life in jail.

InQueensland in your inbox. The best local news every workday at lunch time.
By signing up, you agree to our User Agreement andPrivacy Policy & Cookie Statement. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Daniel’s funeral was held in 2012, more than a year after human remains were found at a site in the Glasshouse Mountains. The delay was raised in the coronial inquest.

Fentiman had described it as an “emotive, sensitive and complex issue which requires the balancing of processes relating to the role of the coroner, the need to release remains as soon as possible to bereaved family members and the criminal process which seeks to ensure a fair trial”.

“The government agrees that a deceased person’s remains should be returned to their family and loved ones as soon as possible irrespective of whether there are related criminal proceedings on foot, particularly where the identity of a deceased person has been established with a high degree of certainty and is not in dispute,” Fentiman wrote.

“However, this needs to be balanced against a court’s obligation to ensure a fair trial. This fundamental principle seeks to avoid miscarriages of justice and ensure proceedings are conducted in a manner consistent with the fundamental principles of procedural fairness that preserves the interests of justice.”

Local News Matters
Advertisement

We strive to deliver the best local independent coverage of the issues that matter to Queenslanders.

Copyright © 2024 InQueensland.
All rights reserved.
Privacy Policy