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Court name
Supreme Court
Case number
XP 10 of 2015

Ex P Florentine (XP 10 of 2015) [2015] SCSC 28 (06 February 2015);

Media neutral citation
[2015] SCSC 28
Karunakaran, ACJ





Civil Side: XP 10/2015


       [2015] SCSC 28



In the matter of





Heard:                         6 February 2015

Counsel:                      Mr. F. Bonte for Applicant

Delivered:                    6 February 2015



D. Karunakaran, Ag Chief Justice


[1]           On the strength of the affidavit filed in support of the motion dated the 3rd February 2015, I am satisfied that the Applicant, Francois Henry Florentine had been living in concubinage with one Sabrina Cindy Natalie Jupiter at Port Glaud for over 10 years.  On the 26th January 2015 at 8.03 a.m. his concubine Sabrina Cindy Natalie Jupiter gave birth to a live male child by caesarean section. Since his birth the said child had been in Intensive Care Unit until his death on the 28th January 2015. Now, I reliably understand that the body of the said child is in the custody and possession of the Health Authority at the Ministry of Health, Victoria Hospital.  I am satisfied that there is no foul play involved in the death of the said child.  In the circumstances, I find it just, reasonable and necessary that the body of the said child should be released to the parents without conducting any post-mortem examination on the body. 

[2]           WHEREFORE, I hereby direct the Health Authority/ Commissioner of Health/ Ministry of Health/ any fit and proper person who is attached to the Ministry of Health having custody of the body to release the body of the said child to the parents without conducting any post-mortem examination/autopsy on the body.


Signed, dated and delivered at Ile du Port on 6 February 2015


D Karunakaran
Acting Chief Justice