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We Are Well Beyond Hypocrisy
The parents of a man killed in a horror car crash have been blocked from scattering his ashes after a court ruled in his widow’s favour.
Kody Bell, 24, his brother William, 21, and driver Jaziah Thomas, 24, were tragically killed after the Audi A3 they were travelling in ploughed into a Kia Stinger on Sixty Eight Road in Baldivis, south of Perth, on September 27.
A bitter legal battle between Kody’s widow Gabrielle Bell and his parents Andrew Bell and Belinda Gibson has now erupted over his ashes.
The law dictates that any possessions belonging to a deceased person without a will are to be given to their spouse, but despite numerous requests for Kody’s parents to hand over his ashes they have allegedly refused to do so.
In a Supreme Court judgment this week, the court heard that Kody’s parents had held onto their son’s ashes since his cremation and funeral.
Mrs Bell wishes to preserve the ashes, however her in-laws initially indicated they intended to scatter them earlier this month – prompting her to take legal action.
Kody’s widow, Gabrielle (pictured), wants to preserve his ashes but her in-laws had allegedly made plans to scatter them on December 8 – prompting her to take legal action
Kody Bell (pictured), 24, his brother William, 21, and driver Jaziah Thomas, 24, were tragically killed after the Audi A3 they were travelling in ploughed into a Kia Stinger on Sixty Eight Road in Baldivis
Justice Michael Lundberg told the court that Mr Bell had become ‘quite agitated’ while speaking to his daughter-in-law’s lawyer, Craig Gregson.
Mr Bell indicated to Mr Gregson ‘that under no circumstances would he provide the ashes to (Mrs Bell),’ the West Australian reported.
He allegedly planned on scattering his son’s ashes earlier this month against Mrs Bell’s wishes, prompting her to file an urgent injunction application.
A proposal to split Kody’s ashes was also rejected by Mr Bell who said that ‘under no circumstances was he prepared to split the ashes,’ the court was told.
Mrs Bell shares two children with Kody, aged three and one, and Mr Bell said that he was prepared to hold onto the ashes until the children were older.
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However, Justice Lundberg said the offer was ‘somewhat at odds’ with Mr Bell’s previous intentions to scatter the ashes.
An interim injunction was granted to stop Mr Bell and Ms Gibson from ‘destroying or in any way damaging the ashes; and disposing of the ashes’, which were delivered to Mr Gregson for safe-keeping on December 11.
The ashes will now be held by the lawyer ‘pending the determination of the underlying issues in this proceeding’.
Gabrielle and Kody Bell were together for almost nine years and married in March 2021
Jaziah Thomas, 24, Kody and his brother William, 21, died instantly after the Audi they were travelling in collided head-on with a Kia Stinger south of Perth
Kody, his brother and Mr Thomas, all died from the impact of the crash before they could even be pulled from the car.
Their friend Tyler Rowe, 21, was the sole survivor from the Audi.
Mrs Bell broke down in tears as she paid a heartfelt tribute to her husband and vowed to always protect their son Laiken and daughter Violet.
‘I hope everyone is driving safe and being careful, take care of yourselves. Make sure you hold onto your loved ones and tell them every day how much you love them, cherish your moments,’ she posted on Facebook.
Mrs Bell later told Seven News: ‘I just hope people can be safe on the roads and not drink and drive because all that it leaves is heartache and grief for everyone that loved them.’
‘I saw him just before the accident. He was with me and his family, dancing and singing to his favourite songs’.
Mrs Bell and Kody were together for almost nine years and married in March 2021.
