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Royal Court rules missing man Thomas Frost can be "presumed dead"

Royal Court rules missing man Thomas Frost can be

Friday 23 August 2024

Royal Court rules missing man Thomas Frost can be "presumed dead"

Friday 23 August 2024


The Royal Court has ruled that a 51-year-old man who disappeared at the beginning of 2023 is "presumed to be dead" following a case that forced it to consider case law dating back more than a century.

The declaration, which occurred following a hearing earlier this month, will enable Mr Frost's family to access and make decisions relating to his assets.

Thomas Frost disappeared from his parents' house in the night between 11 and 12 February 2023.

Mr Frost had suffered from longstanding and severe mental health issues for years prior to his disappearance, the Royal Court was told.

Extensive searches 

He had been due to go on holiday with his family in February 2023.

When Mr Frost's condition deteriorated as they travelled, his wife helped him return home to Jersey, where he would stay at his parents' home.

He disappeared in the middle of the night and his parents raised the alarm immediately, with mental health services and police involved.

A months-long search ensued where every possible line of enquiry was explored, but nothing was found.

Standalone. Police divers from the UK search underwater whilst a boat covered the surface at Val de La Mare reservoir in the search for missing person Thomas Frost Picture: JON GUEGAN.

Pictured: Police divers from the UK were brought in to assist with the search. (Jon Guegan)

The search involved both Jersey and Guernsey agencies, as well as the Avon and Somerset Constabulary Underwater Search Unit, and specialist search dogs.

Mr Frost's disappearance was also logged with the international missing persons database, the police national computer, and Interpol. His bank account was not used.

On 29 February 2024, DCI Craig Jackson, who was overseeing the investigation, sent an email to Director of Mental Health Andy Weir in which he said that the police now considered him as deceased.

Aftermath

Mr Frost's family were left facing "overwhelming" and "acute" emotional and financial challenges due to the lack of clarity over Mr Frost's status, the court heard.

For example, the family home was in joint names, and Mr Frost's widow could not sell it by herself.

She went to the court to ask it to declare her husband as presumed dead.

Mrs Frost, as well as Mr Frost's parents, said in affidavits that they were sure that Mr Frost had died.

A rare and complex case

The request was a rare and somewhat complex one for the court to consider. 

Until now, a person was presumed dead once they had been missing for seven years.

In considering Mrs Frost's application, the Royal Court looked back at cases going back to the 19th century, when men would frequently leave the island and never be heard from again.

The last time such an application had been made was in 2012 following the disappearance of Brian George Neill, who was reported missing in 2004.

Following evidence from his daughter, who believed her father had "manufactured" the disappearance, the court declined to accept the application to declare that he was presumed dead.

The Royal Court reasoned that times have changed since the days when people would not be able to communicate with those left behind without great expense. It would also be rare for there to be no digital trace of an individual.

"Circumstances have now changed"

"In our collective view, it is appropriate for the customary law of Jersey in this area to develop. The seven-year rule was developed by the Courts at a different time when quite different circumstances prevailed,"  the Deputy Bailiff, Robert MacRae, reflected in the Royal Court's judgment.

"Circumstances have now changed. Modern life is very different," he said.

"The vast majority of people, including Mr Frost, possess a mobile telephone that they frequently use.

"It is very difficult, sometimes impossible, to travel, spend money and communicate whether by mobile telephone or, for example, email without leaving an electronic or digital footprint."

He stressed that the evidential burden was high, but that the court was satisfied that Mr Frost could be presumed dead.

Mr MacRae extended his condolences to Mr Frost's wife, children, and parents, as well as their wider family and friends.

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