From the diary of a Chief JMO Interesting tales and laws associated with Post-mortems

Post-mortem reports provide vital evidence in criminal cases

It is believed that the main object of a post-mortem examinations is to ascertain the cause of death and weather it was due to natural caucuses or foul play. 

However, the Chief Judicial Medical Officer of Karapitiya Teaching Hospital in Galle, Dr. Rohan P. Ruwanpura, said that the post-mortem reports have been called and referred to by the World Health Organization (WHO) in many instances. He said that similar methods to establish the cause of death of an individual had been used during ancient times as well. The first ever post-mortem that has gone down the annals of history is that of Roman Emperor Julius Caesar.  

Dr. Ruwanpura pointed out that remains of individuals, who died during the Corona pandemic, were cremated sans post-mortem examinations or without the participation of relatives in keeping with the WHO regulations.

“The remains of an individual, who died due to an epidemic, would be sealed in a polythene bag under the supervision of an Epidemiologist and a JMO and cremated after taking much precautions. When there are suspicions of foul play, the body of the individual-even if the individual had died some months ago- would be exhumed for a post-mortem examination in the presence of a magistrate and a JMO. The remains of the late Dinesh Shafter, whose death raised much suspicion, were exhumed for the second time for a post-mortem examination at the Karapitiya Teaching Hospital. However it is so challenging to take a final conclusive decision in the case where a body is exhumed after a long time. 

“Humans are considered as the main assets of the country. Taking this fact into consideration, it is imperative that the government knows the cause of death of anyone who perishes. This information would be conducive to making improvements in the health and sanitation sectors, and to prevent of contagious diseases and accidents. Post-mortem reports provide vital evidence in criminal cases.

“Emperor Caesar’s Royal physician, after an examination, found that on the body were 23 stab injuries; with one piercing the heart. It was the first documented post-mortem report in the history of the world. In the case of a sudden death, the body of the individual belongs to the government until the post-mortem is held and the remains are handed over to the relatives,” he explained.

Dr. Ruwanpura further added, “However in the case of a natural death, either the Medical Officer of the hospital, the Grama Niladhari or the Inquirer into Sudden Deaths has the power to issue the death certificate without holding a post-mortem. The commanding officer has the power to issue the death certificate with regard to soldiers killed in action. However these certificates would have to be endorsed by the Registrars of births, marriages and deaths in the respective areas”.  

He said that, “conducting a post-mortem is compulsory in case of suicides, deaths due to accidents, murders, illegal abortions and when someone dies when receiving treatment in a mental hospital, in a hospital catering to Leprosy patients, when an individual is in custody of the police or security forces and in the prison. The inquirer into Sudden Deaths does not have the power to hold the inquest in such instances. The preliminary inquiry should be held by a magistrate. 

“If an inquest was held by the Inquirer into Sudden Deaths, he should call at least two witnesses before he testifies. In the case of a suspicious death, the Inquirer into Sudden Death should inform the JMO to hold the post-mortem”

“Quite often, the relatives attempt to secure the release of the body without performing the post-mortem. However, the post-mortem should be held in terms of the Penal Code. The JMO is at liberty to use his discretion on such matters,” said Dr. Ruwanpura. 

 “An elderly man in a village died recently after ailing for a long time. The Grama Niladhari had certified that the cause was a natural death, which facilitated the procedure for a burial. However an individual who attended the funeral noticed an injury in the deceased’s neck which seemed to have been caused by nails. He had informed the police and the body was taken to hospital. The post-mortem report revealed that there was foul play,” Dr.Ruwanpura concluded.