Judgment of Sheriff Valerie Johnston A29/13 – widow wins legal battle to bury her husband, a Scottish soldier

The background to this case is a family dispute.  The dispute is over where the body of Private Mark Connolly will be buried.

Sheriff Valerie Johnston has now ruled that Mark Connolly who died three years ago is to be buried in a place chosen by his widow and not his mother.

This is from the judgment: “On the facts in this case I consider that the pursuer as widow has priority over the defender and other close family members when it comes to making the funeral arrangements. The deceased left his family at a young age to join the Army. He never returned. He married and was living in family with his wife. He rarely visited Methil and maintained no close friendships there. He had witnessed at extremely close quarters the obliteration of a fellow serviceman in an explosion and suffered physical injuries in that explosion. He was also left with the sort of mental scars that a person who has not been in a combat situation cannot properly understand. His wife had been at his side throughout his recovery. She had also during that time endured the loss of her brother in tragic circumstances and had the comfort of her husband to assist her in coming to terms with that. In the intimacy of that marital relationship conversation took place about the couple’s respective wishes should the unthinkable occur. There is no evidence that her desire to comply with those wishes is motivated by any grudge against the defender or her family. I accepted her evidence that she was seeking to ensure that his last wishes were honoured. She gave her evidence in a quiet, dignified manner and with due regard to the delicacy of the subject matter involved.

The full case report can be found here.

We do not yet know if this decision will be appealed.

Links to my previous blogs on this can be found here.

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