Grave decision due in New Year
Daniel Hastelow, aged 26, of Walsall Wood, was murdered on January 13 2008, in Magaluf, and was finally laid to rest in November some 22 months later.
But a blunder by St John's Church in Walsall Wood saw his body buried in a plot which had been legally reserved by the widow of Michael Best, who died less than a year ago.
The family of Mr Hastelow refused to allow his body to be exhumed for a second time, after it was first dug up from a temporary Spanish grave to be repatriated.
Gavin Drake, director of communications for the Diocese of Lichfield, said: "The Archdeacon of Walsall, the Venerable Chris Sims, has spoken with both families and their legal representatives but has been unable to reach a consensus about what should happen.
"He is now applying for a faculty from the Consistory Court. It is likely that a hearing will be held in the New Year at which both families will be able to make their representations before a decision is taken."
The widow of Mr Best secured the reservation by faculty – ecclesiastical planning permission – so she could be buried next to her husband when she died. Double graves are not permitted at St John's Church.
Daniel's mother, Sue Hastelow, previously told the Advertiser she was unwilling to allow him to be moved for a second time. The family fought for nearly two years to get Daniel's body flown home after it was deemed evidence in a murder trial.
Mr Drake, added: "I would like to stress that no blame should be attached to the families for the failure to reach agreement. Both families are completely without fault.
"This problem has arisen simply because of a mistake by the church and we remain extremely sorry that this has happened. We understand the added grief that this is causing both families and hope that a final decision can be taken early in the New Year."
Daniel Hastelow.
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