The Tribune

By LEANDRA ROLLE

Tribune Staff Reporter

lrolle@tribunemedia.net

A SUPREME Court judge yesterday ruled in favour of murdered toddler D’onya Bella Walker’s father concerning custody of the four-year-old’s body, ending a week-long court battle with the child’s maternal relatives over the issue.

Bella, four, died last month after sustaining several injuries which police said were caused by blunt force trauma. Her mother, Ostonya Walker, has since been charged with child cruelty in connection with the incident while her boyfriend has been charged with murder.

Since Bella’s death, her maternal and paternal relatives have been embroiled in a legal battle as to who has the right to bury the four-year old’s remains. The legal fight was initiated by the maternal relatives.

Bella’s maternal family was represented by Bjorn Ferguson, while the paternal family was represented by Maria Daxon.

In his ruling yesterday, Justice Loren Klein sided with Bella’s father Deno Alexander Smith Jr, entrusting her remains into his care so he could determine where and how she should be buried.

Justice Klein said he came to the decision after taking several matters into consideration, including Bella’s relationship with both sides of the family and the burial wishes of each respective family.

 He said based on the evidence submitted, it was clear that the four-year-old had spent most of her childhood with paternal relatives in Grand Bahama before her death.

 “The evidence is overwhelming as to where Baby Bella had the closest connections during her life, both temporally, geographically, and in terms of relationships.   “Although there are some minor disputes and, on this point, I prefer the defendant’s evidence, it would appear that Baby Bella spent roughly two months and three weeks out of the four years of her tragically short life in Nassau,” Justice Klein said yesterday.

 “Even accepting the evidence of the mother, at most the period would’ve been six months. In fact, counsel for the defendant pointed out to the court that none of the affidavits filed on behalf of the plaintiff was able to speak to any significant time spent with Baby Bella, over which any relationships or bonds were formed for reasons that appear obvious.”

 The judge also told the court that while he had no doubt that both families were sincere in their wishes relating to Bella’s burial, he noted that he had preferred the plans expressed by Bella’s paternal family members.

 “The mother wishes a private ceremony in New Providence, with both sides of the family in attendance, and would like the child buried with a night light. Incidentally, no reason has been proffered as to why a private funeral is desired, and this also seems to be a unilateral decision,” he said.

 “…On the other hand, the paternal family would like the child to be funeralised in a church which she attended and buried in the community where she grew up among family and supposedly friends. There is also no suggestion that the funeral if held in Grand Bahama would be private, and it would be surprising if there would not be persons from the community who would wish to pay final respects to Baby Bella, considering how the tragedy has captured the public imagination.

 “I must say that with respect to the reasonable wishes of the surviving family, I would have to prefer those expressed by the paternal family.”

 During the case, maternal relatives had argued that Bella’s body was removed from the morgue and taken to a funeral home without the consent of anyone who has legal custody of her remains.

 They also insisted that Bella’s biological mother had sole custody of her since her father never signed her birth register.

 However, Justice Klein countered that although the father was not registered on Bella’s birth certificate, it didn’t appear that his paternity was ever in dispute.

 Taking all these matters into consideration, Justice Klein said he was of the view that Bella’s father made out a more “cogent and compelling” case.

 He also sought to assure the court that Bella’s mother’s criminal charges did not influence his judgment in the case.

 He said: “Having regard to all the circumstances of this case and for the reasons that have been given, I would order that Serenity Funeral Home and Crematorium shall be entitled to act on the instructions of the defendant Deno Smith Jr for the purposes of making funeral arrangements and for burial of the deceased D’onya Bella Walker, and shall release her body to him for that purpose.

 “As indicated, I do not propose (and it would be improper) to micromanage the specific details of Baby Bella’s final arrangements by condescending to time, place and manner of burial. Her remains are being entrusted to her father for burial, which the court hopes and expects will be carried out generally in the manner indicated.”

 Justice Klein added that it was his hope that the maternal relatives also be included in the funeral arrangements, noting they too are entitled to say their goodbyes in a respectful and dignified manner.

 “During the hearing before me, the idea of a suitable memorial being conducted in Nassau prior to her final interment in Grand Bahama was mooted as a possible compromise, but that is a matter for the parties,” he concluded.