An autopsy on the body of Canadian backpacker Cathy Huynh, who died
mysteriously while vacationing in the beachside city of Nha Trang, has been
performed in Canada after her family refused an autopsy in Vietnam.
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The question now raised is how
the autopsy performed in Canada works in terms of legislative values in Vietnam,
where investigations in the deaths of Cathy and her American traveling
companion, Karin Bowerman, are still underway.
According to Vietnamese lawyer
Truong Xuan Tam, under Vietnam’s code of criminal procedure, when the cause of
death remains unknown, local investigative agencies are responsible for
carrying out official death investigations regardless of whether the deceased’s
family agrees or not.
This means that local
authorities, according to lawyer Tam, should have carried out an autopsy on
Cathy Huynh even if her family objected, to determine the cause of death and
whether it was a crime.
If criminal behavior is noticed
during the investigation, the investigators have to file criminal charges
against people involved, Tam said.
Since Vietnam and Canada have yet
to reach judicial agreement, autopsy results in Canada are not necessarily
recognized in Vietnam. Instead, the results are considered reference material
for Vietnam authorities to conduct death investigations, Tam added.
No evidence this was a crime
On the other hand, Lieutenant
Colonel Nguyen Hong Ky, vice chief of the police department in Nha Trang which
is in charge of probing into the deaths of the two foreign tourists, confirmed
with Tuoi Tre on Monday that they have handed over the body of Cathy Huynh to
her family in accordance with laws.
“The Canadian General Consulate
in Ho Chi Minh City has sent a diplomatic note requesting us to not perform an
autopsy on Cathy, and her family made the same request, wishing instead to
bring her intact body home for a funeral. Therefore, we respected them,”
Colonel Ky explained.
Ky added that Nha Trang police
have yet to notice any signs of a criminal case regarding their deaths, and
there is no evidence that the two female tourists were in conflict with anyone
in Nha Trang.
Nguyen Van Khang, head of the
People’s Procuracy in the central province of Khanh Hoa, told Tuoi Tre that in
cases, especially in relation to foreign nationals in which the family or
embassy require no autopsy on the deceased, the Vietnamese government will
satisfy their expectation on the condition that no complaints are filed.
Khang added that disentombment is
considered if any “criminal behavior” is noticed during the death
investigations, but he did not know how this works in case the body is buried
abroad.
Dr. Pham Xuan Thong, director of
the Forensic Examination Center in Khanh Hoa Province, said an internal autopsy
is needed to identify the exact cause behind the deaths of the two tourists,
something that remains unknown.
According to Thong, it’s
mysterious that they died two days apart though they had arrived in Nha Trang
the same day and had the same symptoms before their deaths.
Dr. Thong, who has 27 years of
experience in forensic examination, admitted that he knows of many cases in
which foreigners have died of drowning or identified diseases, and their family
has wished for no autopsy on them.
However, Thong added that this is
the first time he has heard that “an autopsy is not required on an abnormal
death”.
Karin’s samples not yet sent to Hanoi for analysis
In related news, two weeks after
Karin died, her medical samples still have not been sent to Hanoi for analysis
(as of yesterday afternoon). Karin, as opposed to Cathy Huynh, underwent an
autopsy in Vietnam.
Dr. Thong said that police in
Khanh Hoa have not yet transferred the fees for transporting Karin’s samples to
Hanoi.
“We are also anxious to know the
test results of her samples. However, if the samples are preserved for a long
time, it may affect the results despite the fact that the samples are well
preserved,” Thong said.
As for the 26-year-old Cathy
Huynh, an autopsy was conducted on her at Hamilton General Hospital by the
Ontario Coroner’s Office on Saturday (local time), according to a report by the
Hamilton Spectator.
Huynh Thi Huong, mother of Cathy
Huynh, told Tuoi Tre that when her daughter’s body arrived at Pearson airport
in Toronto on Friday night, local heath officials required a blood test on her
body and the family agreed.
The deceased’s family said her
body was placed at the Friscolanti Funeral Home on Barton St. E. from 11 a.m.
to 9 p.m on Sunday for visitations.
Regional Coroner Dr. Jack
Stanborough confirmed with the Hamilton Spectator that Cathy’s body was
examined Saturday, but samples still need to be tested on tissues and some of
the results may take a while to come back.
However, he admitted that there
are some limitations in conducting the autopsy because of “the way the body was
prepared for transportation back to Canada” and because “the Coroner’s Office
does not have jurisdiction in foreign countries to ask for an investigation.”
Stanborough hopes the autopsy
will shed some light on Cathy’s death.
TUOITRENEWS
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