Council strongly denies referring to exhumation as a possibility when it contacted family

The family of a gipsy great-grandfather fear his body could be exhumed because the relatives of a Muslim man buried in the neighbouring plot have complained that he is an unbeliever.

Shadrack Smith, 89, from Leicester, who was a popular figure in the Romany gipsy community, died on January 13 after breaking his hip on New Year's Eve and developing pneumonia.

His bereft family paid £2,500 for three plots at the multi-faith cemetery in Lychgate Lane Cemetery, Burbage, Leicestershire.

The grave of Shadrack Smith, 89, from Leicester, who was a popular figure in the Romany gipsy community, died on January 13 after breaking his hip on New Year's Eve and developing pneumonia

But the Muslim family who own a plot next to Mr Smith's grave (pictured) complained to the council

After a huge traditional Romany funeral with more than 400 people, they buried him with his grave facing towards his home – also a Romany tradition.

But they were left shocked when a Muslim family who owned a plot next to Mr Smith's grave complained to the council about their relative being buried next to a 'non-believer'.

Just two weeks after his funeral, which was one of the largest ever held at the cemetery, the family say they fear Mr Smith's grave may have to be moved.

The local council, which runs the award-winning cemetery, will meet tomorrow to discuss the 'provision for burials' at the cemetery but strongly denies that exhumation has been discussed as an option or that any reference was made to this when contacting the family.

Shadrack Smith, 89, a popular figure in the Romany gipsy community in Leicester, died in January

But it said it was 'sympathetic to the feelings of both families concerned' and is 'committed to reaching an amicable and acceptable solution.'

His distraught family, which includes eight children, 25 grandchildren and 40 great grandchildren, have now vowed to fight 'tooth and nail' to ensure Mr Smith's body is not moved.

His daughter-in-law Tracey Smith 46, said: 'This whole thing has devastated our family.

'We were told when we bought the plots that it was a multi-faith cemetery and it is, but the council has been so unsupportive.

'I feel for the Muslim family because they obviously thought they were going to only have other Muslim families buried around them, but that's not our fault, or our mistake.

'We have been in the right, and yet the council has tried to bend over backwards to please the Muslim family.'

She added: 'We have been told we might have to exhume Shady if the council decide to side with the Muslim family.

'My mother-in-law found a plot which faced their home, which is a Romany tradition, and it was perfect.

'So we paid, but to then have the council trying to get us to move when we have done nothing wrong, it's disgusting. We have not been able to grieve because of all this drama, and it's been awful.'

Tracy Smith, 46 and her husband Sean, 47, said they will fight 'tooth and nail' over the issue. They say the complaint was lodged with the council days before Mr Smith was buried

After a huge traditional Romany funeral with more than 400 people, dozens of floral tributes were left at Mr Smith's grave (pictured)

Tthe family buried Mr Smith with his grave (pictured) facing towards his home – also a Romany tradition

Days before the funeral, Burbage Parish Council received a complaint from the Muslim family who own the neighbouring plot.

The principal officer of the council contacted Mr Smith's family prior to the burial and asked if they would consider an alternative plot.

The council allegedly also asked if it could use one of the family's empty plots inbetween the two graves to plant a hedge as a separation.

But Mrs Smith, from Aston Firs, Leicester, added: 'She said we should find another site but she did not even apologise to us.

'Then our undertaker phoned saying the she had been on the phone to them to see if they could use one of our plots to plant a hedge as a kind of barrier. But the bodies will still be together six feet underground so what is the point?

The council said it was 'sympathetic to the feelings of both families concerned and is committed to working with the relatives and the wider community to reach an amicable and acceptable solution'

Principal Officer Julie Perrin said there would be a meeting tomorrow to discuss the 'provision for burials' at the cemetery after a 'huge level' of complaint

Mr Smith, who died from pneumonia, was a popular figure in the Romany gipsy community in Leicester

'I just feel they should have stuck to the rules (being a multi-faith cemetery) from the beginning, instead of deeply upsetting us just to please the Muslim community.

'There is no way Shady will be exhumed, if they suggest it we will take them to the highest court in the land. We will fight tooth and nail to stop the grave being dug up.'

Burbage Parish Council yesterday said the family of the Muslim man may have mistakenly believed his grave was in an Islam-only section of the cemetery.

Principal Officer Julie Perrin said there would be a meeting tomorrow to discuss the 'provision for burials' at the cemetery.

She said: 'There was a huge level of complaint so the correct procedure has been followed.

'There appears to be an assumption or misunderstanding on the part of the family complaining because there is nothing in our policy documents about there being any segregation.

'There will be a meeting regarding the policy (of segregating graves depending on faith) where I hope the majority of the 20 councillors will attend but the families will not be represented there.'

When asked about a possible exhumation, she added: 'Any application for moving a body would have to go through the Home Office if a family wanted that doing.'

On the Burbage Parish Council website, a document about the cemetery makes no mention of segregation or separate areas based on religion. Pictured: Burbage Millennium Hall where the council is based

On the Burbage Parish Council website, a document titled 'Burbage Cemetery: Regulations and Management Rules' makes no mention of segregation or separate areas based on religion.

Another council leaflet regarding the cemetery states: 'So that people of all denominations can use Burbage Cemetery, the graveyard ground at Lychgate Lane is unconsecrated.'

Chairman of the parish council, Councillor Richard Flemming, said: 'Burbage Parish Council provides an award-winning cemetery for the benefit of the whole community.

'Unfortunately the parish council has recently received representation from two families regarding the allocation of adjacent grave plots within Burbage Cemetery.

'The parish council is sympathetic to the feelings of both families concerned and is committed to working with the relatives and the wider community to reach an amicable and acceptable solution.'

Burbage Cemetery is a non-denominational, multi-faith facility and requests from all communities living in and around Burbage will be treated equally and fairly Parish council

Mr Smith, who always wore a trilby hat, had lived in an official gipsy camp in Aston Firs, Leicester, for 20 years.

More than 400 family and friends paid their respects to the retired horse trainer at his funeral on January 30.

In a statement, the council said that any suggestion it had considered the exhumation of 'person recently interred at Burbage Cemetery is totally untrue and without foundation'.

It said that the council had been contacted by a Burbage resident several years ago, asking for provision to be made at the cemetery for a Muslim burial.

It said: 'The Council were able to accommodate this request by facilitating swift arrangements for burial, providing a particular orientation to the grave and providing a larger size grave plot. The first Muslim burial at Burbage Cemetery took place several months ago.

'More recently a non-Muslim family with special requirements, which could be met by the provisions already put in place, were allocated the next grave plots within the same area of the Cemetery.

'Unfortunately a number of complaints followed and the Council initiated their correct procedures and considered the matter carefully.

'Burbage Parish Council has sought to resolve this matter in a fair and transparent manner and has had extensive dialogue with both families concerned. We have also taken extensive legal advice on all matters associated with the issues raised.'

It added: 'Burbage Cemetery is a non-denominational, multi-faith facility and requests from all communities living in and around Burbage will be treated equally and fairly in line with our policies and the law.

'At a meeting held 10th February 2015 the Council’s existing policy was confirmed. The Parish Council regrets any distress.'

The original version of this story published on 10 February reported that Burbage Parish Council were to consider if Shadrack Smith should be moved to a new plot at Burbage cemetery at a meeting the following day. We are happy to make clear the Council’s position that it has never discussed or considered the exhumation of Mr Smith’s body, and we apologise for any misunderstanding.



