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“The coroner ordered the release of the body in February 2011 and Simplicity Funerals took possession of the body.

Since then, however, the applicants have refused to allow Simplicity Funerals to bury the body.  They have raised a variety of matters in an attempt to justify that refusal.  Particular concerns which they expressed were that the deceased’s organs had not been returned to the body or those organs with the body may not be organs of the deceased.  They requested X-ray testing and DNA testing to allay their concerns.  The applicants were informed on several occasions that all of the organs were returned to the body after the autopsy and that the remaining tissue samples were provided to Simplicity Funerals in 2011 and early 2012.  There is no reason to doubt that this has occurred.”

Fraser JA in Yu & Anor v Chief Executive, Dept of Justice & Attorney-General [2016] QCA 54 at page 3.

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