Publication
F53282 (6 September 2023)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal
In the matter of an application under the Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of a Single Member
Name of applicant: [ ]
Application number: F53282
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under paragraph 20 and paragraph 10 of the scheme.
1. [ ] (“the Applicant”) has made a claim for compensation under the scheme of compensation for personal injuries criminally inflicted (“the scheme”).
2. In her application for compensation under the scheme dated the [ ] received on the [ ] the Applicant states that she has suffered injuries in circumstances where she is the mother of [ ] deceased. [ ] died on the [ ].
3. The circumstances of the claim appear to arise in circumstances where emergency services arrived to [ ] on the [ ] to be met by [ ] and another friend [ ].
4. [ ] disclosed that they had [ ] during an argument that took place in [ ] on the [ ]. There was no [ ] on the arrival of the emergency services. [ ] had been on a drink and drugs binge since meeting up on the [ ]. The deceased’s body was located on the floor of a bedroom in [ ]. He had been dead for a number of hours. Detective Garda [ ] provided this detail in her undated report received by the Tribunal. She went on to indicate that the deceased had a history of drug and alcohol abuse at the time of his death.
5. Detective Garda [ ] confirmed that [ ] and [ ] were charged with the murder of the deceased. The Director of Public Prosecutions ultimately accepted guilty pleas of both Defendants to the manslaughter of the deceased [ ].
6. The incident occurred on the [ ]. The application was received on [ ] one year and one week subsequent to the occurrence of the incident.
7. Under paragraph 20 of the scheme applications should be made as soon as possible but, except in circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury.
8. Whilst a letter has been received from [ ] who were writing on behalf of the Applicant, dated the [ ] asking for the claim to be restarted, setting out its own reasons for the delay at that particular time, at no point has anybody indicated to the Tribunal reasons for the delay beyond the three months following the death of the deceased. In the absence of a reason for the delay and the lodgement of the claim the Tribunal is not in a position to consider whether there are exceptional circumstances which would allow the Tribunal to dispense with the three month limitation period and allow for the claim to be considered.
9. Under paragraph 10 of the scheme no compensation is payable to an Applicant who has not in the opinion of the Tribunal given the Tribunal all reasonable assistance.
10. In the circumstances of this case the Tribunal has difficulties in viewing the Applicant as having provided all reasonable assistance in the following circumstances.
11. By way of letter dated the [ ] Detective Garda [ ] confirmed that [ ],
12. Whilst by way of letter dated the [ ] received from [ ], Senior Social Worker with [ ], the Tribunal has received waivers from 11 persons being the deceased’s [ ]. There is no mention of [ ], or more importantly the deceased’s child. Whist there may well be very good reason for there not to be a waiver received from [ ], or for the Applicant to engage in correspondence with [ ], there is a necessity for the Tribunal to know of the fate of the deceased’s child. This information has not been provided.
13. From the foregoing, whilst I am satisfied that the Applicant has established on the balance of probabilities that the deceased was a victim of a crime of violence and sustained personal injury resulting in his death which is directly attributable to the crime of violence I am unable to proceed to admit the claim to the scheme in circumstances where the period of delay is unexplained and the whereabouts of the deceased’s child is unexplained.
14. The decision is refused under paragraphs 10 and paragraphs 20 of the scheme.
Name of Tribunal Member: Damian Sheridan B.L.
Criminal Injuries Compensation Tribunal
6 September 2023