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No body parts crime on Island, say Police

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Not good enough: Marion Bishop, sister of missing body parts victim Norman Palmer, is not satisfied with the Police assertion that they can find no criminal link to the mystery.

The mystery of Norman Palmer's missing body parts "may never be solved" to the satisfaction of his family but no criminal offence has taken place in Bermuda, according to Police.

A final report from investigating officer Sergeant Adrian Cook, seen by The Royal Gazette, reveals he found no evidence to suggest that the organs and tissues of 57-year-old Mr. Palmer were "taken or caused to become missing" on the Island.

Mr. Palmer's sister Marion Bishop said yesterday: "To me, that's not good enough. Whatever Sgt. Cook says or doesn't say, my brother's body parts are still missing. He obviously doesn't know where they are, so where are they?"

Sgt. Cook's report, while finding no evidence of wrongdoing, recommends that Bermuda consider introducing regulations about permission for retaining body parts and reveals that King Edward VII Memorial has already "tightened up some of their practices and policies in the aftermath of this incident".

Ms Bishop, of Paget, said she and her younger sister Heather Carberry and her brother's widow Kathleen, were no closer to knowing what happened to many of Mr. Palmer's body parts, including his spleen, stomach, two-thirds of his brain, most of his intestines and a kidney, after his death in the KEMH emergency room on April 12 last year and a subsequent post-mortem.

She said their disappearance compounded the family's grief after her brother, who ran his own excavating business in Bermuda, died suddenly after getting into breathing difficulties.

"They have gone somewhere, regardless of whether Sgt. Cook says the Police investigation is over. If it's not a criminal offence and a criminal offence hasn't taken place, then what has taken place?"

Coroner's Officer Sgt. Cook's eight-page report for the Police Commissioner says an autopsy was done at KEMH on April 15 and the body was collected by funeral director Leon Amis later that day.

It was taken to the airport in a shipping container on April 20 and arrived at London Gatwick the next day, where it was collected by an undertaker.

The authorities here only became aware of the missing body parts allegation on May 5, writes Sgt. Cook, once a pathologist in England did a second post-mortem and informed the Palmer family lawyer of their absence.

By that time, he concludes, "any such evidence of the unwarranted retention, loss or even theft of viscera [internal organs] would have long been disposed".

Sgt. Cook's counterpart in England has raised questions about whether all documentary evidence from KEMH mortuary about Mr. Palmer's body was obtained and whether the mortuary was independently searched.

Sgt. Cook's investigation, overseen by two detectives, included an informal search on May 31 but his report says to do a further search or obtain the documents would require a criminal warrant, known as a 464.

"During my investigation, I have not once formed any view to suspect a criminal offence has taken place, and thus would not be justified in obtaining a 464," he writes.

Sgt. Cook identifies three parties here who had opportunity to "cause body parts to go missing" either on purpose or by accident or negligence: KEMH's pathology department, Amis Memorial Chapel and ASB, the airport handlers who dealt with the casket for British Airways. All were interviewed and stated "at no time did they (improperly) take or cause the loss of any parts of Norman Palmer".

The Bermudian authorities are not required to notify relatives of a post-mortem, nor does a pathologist conducting an autopsy ordered by the Coroner need to get permission from the family to retain organs or tissues needed for further tests.

An inquest into Mr. Palmer's death this month heard that once Bermuda's chief pathologist Kered James had a Coroner's consent form, she did not need any other permission to keep his larynx and thyroid after autopsy to help determine cause of death. Those parts were eventually returned to the family.

Sgt. Cook's report says the UK brought in its Human Tissues Act 2004 to guide authorities on who can keep samples, in what circumstances and with what permission "after a string of scandals".

He suggests such regulations could be added to the Coroner's Act here, or separate legislation could be introduced. The hospital, he says, has already tightened up procedures and more improvements are being discussed.

He writes: "Overall, notwithstanding the criticisms of the Palmer family, the entire process appears to have actually functioned properly. The question of 'missing body parts' may never be solved to the satisfaction of the Palmer family."

The hospital and the Police said yesterday they could not comment on the case until a verdict on the inquest is delivered. Coroner Khamisi Tokunbo is due to give his verdict on February 26.

The late Norman Palmer