Monday 26 September 2016

Father loses court bid to have medical student daughter's body exhumed

John Aston

Published 30/10/2015 | 17:37

Father loses court bid to have medical student daughter's body exhumed
Father loses court bid to have medical student daughter's body exhumed

The father of a medical student seen by witnesses diving into the path of a train has lost his High Court bid to have his daughter's body exhumed and X-rayed after a judge ruled his application "utterly hopeless".

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An inquest had heard evidence that Anita Trivedi, 23, from Newham, east London, died under the wheels of a freight train after attacking a classmate at King's College, London. At the time, she was distraught over failing her exams.

The inquest coroner returned an open verdict in December 2014, saying that Ms Trivedi had been acting in an acutely disturbed mental state and he could not be sure she intended to end her own life when she climbed down to the tracks at Denmark Hill station , south-east London, in September 2013.

Her father, former GP Kailash Shanker Trivedi, believes his daughter did not die at the station but was murdered, possibly elsewhere, and the evidence before the coroner was flawed.

Dr Trivedi asked a judge to order exhumation of her body in the belief that X-rays would show multiple fractures inconsistent with the impact of a train.

Gail Farrington, appearing for Dr Trivedi, described him as "a grieving father who desperately wants to know what happened to his daughter and doesn't accept the outcome of the inquest".

Rejecting his application, Mrs Justice Elisabeth Laing, sitting in London, said it was "a very, very sad case - everyone in court has the greatest sympathy for (Dr Trivedi) in relation to the tragic loss he has suffered".

But there was "overwhelming evidence that the body found at Denmark Hill station under a train was Anita Trivedi's body, and it was not somebody else".

Dismissing all Dr Trivedi's legal challenges, the judge added: "In these circumstances X-rays cannot possibly add anything to the evidence which was before the coroner."

The judge ordered Dr Trivedi to pay some £11,000 in legal costs to the senior coroner for Inner London South, who sent a legal team to court to defend the inquest verdict.

The judge ruled his case "utterly hopeless" and said there was "not a shred of evidence" to support his claims, and he must pay the coroner's costs, which would otherwise have to be met by some of the poorest boroughs in the capital.

Outside court, Dr Trivedi said he remained "100pc certain" his daughter had not been killed by a train, adding: "Today's decision was unjust."

The inquest heard Ms Trivedi had to resit her fourth year at medical school and was suffering from mood swings, eating problems and hair loss.

According to witnesses, her anger spilled over on the day that she died and she assaulted one of her classmates, who she barely knew, in the college toilets during a break between lectures.

The woman, who cannot be named for legal reasons, said Ms Trivedi lunged at her for no reason after she asked if she was okay.

Press Association

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