The mother of 20-year-old Kemar Walters of Kitson Town, St Catherine, yesterday got leave from Supreme Court judge Bryan Sykes to make an application to the Judicial Review Court for a declaration that Walters is dead.
The matter will be heard later this year.
Claudette Angus is seeking the order so she can administer the estate of her son and file legal action in the matter.
Walters, an apprentice mechanic, and 35-year-old Oliver Duncan were allegedly abducted by policemen from a shopping plaza on Washington Boulevard on December 23, 2004.
Theorised dead
They have not been seen since and the police have theorised that they are dead.
A reward of $1 million is being offered for information leading to the arrest and charge of persons responsible for the deaths of the men.
Attorney-at-law, Tasha Manley from the Attorney General's Department said a person could not be declared dead until after seven years. But she said because of the special circumstances of the case, the attorney general did not oppose the application for Walters to be declared dead.
In April, the police reopened the investigation into the disappearance of the men following an expose in The Gleaner, outlining that Walters and Duncan were part of a car-theft scheme which involved policemen.