Publication
F/52511 (19 October 2019)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Scheme of Compensation for Personal Injuries Criminally Inflicted
Applicant: [ ] in respect of [ ] (Deceased)
Claim Reference: F/52511
Date of Incident: [ ]
Tribunal Notified: [ ]
The Applicant is the wife of the deceased. On the [ ] the Deceased was followed into his home [ ] who discharged a number of shots fatally injuring him. At the time of death the Deceased was unemployed. The Garda report dated [ ] states "While [ ] is suspected of having been involved in serious crime, Gardaí are not in a position to state that his murder was "as a result of gangland and drug feuding". The Deceased had convictions for drug possession, possession of an offensive weapon, burglary, and possession of firearms / ammunition. The Deceased received an [ ] custodial sentence for the conviction in relation to possession of firearms. One person was convicted of the murder of the Deceased.
The Applicant through a letter to the Tribunal submitted that the Deceased had been a drug addict many years previously, and that he had held the firearms for which he was convicted, for someone that he owed a drug debt to, and that criminality was not the Deceased's way of life. This statement is directly opposed to An Garda Siochana's view that the deceased is suspected of having been involved in serious crime.
Clause 14 of the Scheme provides:
"No compensation will be payable where the Tribunal is satisfied that the conduct of the victim, his character or his way of life make it inappropriate that he should be granted an award and the Tribunal may reduce the amount of an award where, in its opinion, it is appropriate to do so having regard to the conduct, character or way of life of the victim".
The foregoing does not require the Tribunal to conclude that the Deceased's death was a result of a gangland or drugs feud. The Deceased's previous convictions together with An Garda Siochana's suspicion that the Deceased was involved in serious crime lead the Tribunal to conclude that the Deceased's character and his way of life make it inappropriate that he should be granted an award. In the circumstances, the Tribunal makes no award.
Dated 19 October 2019
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