Publication
F/51999 (3 December 2018)
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
File ref: F/51999
Name of Applicant: [ ], mother of Deceased
Name of Deceased: [ ]
Date of Birth: [ ]
Date of Death: [ ]
Application received by Tribunal: [ ]
The application arises out of the fatal shooting of [ ], Deceased, who was shot on the [ ]. The Applicant is the mother of the Deceased and makes application on behalf of the statutory dependants.
The application form is dated the [ ] and was received by the Tribunal on the [ ]. At paragraph 9 (d) the Applicant accepted that the Tribunal is obliged where relevant to take the provisions of Articles 13 and 14 of the Scheme into consideration when deciding the application and at paragraph 9 (i) authorised the Gardaí to provide to the Tribunal all information relevant to the application including details of any offences recorded against the Deceased.
The Gardaí furnished reports dated the [ ] and [ ] regarding the fatal shooting and have confirmed that same was connected to a gangland feud. They have also furnished a letter of [ ] giving particulars of the 26 previous convictions in relation to the Deceased, as mentioned previously in their report of [ ] aforesaid.
The initial application did not give any indication the Deceased was experiencing problems. However, following receipt of the Garda report of [ ], which referred to previous convictions of the Deceased, the Applicant responded that those convictions took place after the onset of addiction problems the Deceased was experiencing. A number of the previous convictions are on the more serious end including assault contrary to Section 2 of the Non-Fatal Offences Against the Person Act for which the Deceased received a period of imprisonment. This conviction is dated [ ] shortly before he died. Other offences include threatening abusive and insulting behaviour, failing to comply with the direction of An Garda Siochana, possession of knives and other articles and the unauthorised possession of firearms/ammunition occurring as far back as [ ].
In a letter to the Tribunal from the Applicant's solicitor dated [ ], it states that the Applicant vigorously disputes the Garda opinion and information provided. The fact of the convictions is not disputed. In outline submissions to the Tribunal on behalf of the Applicant it is stated that the Applicant did not accept the Deceased was a member of a criminal gang and that he had any association with persons that were likely to put his life at risk.
The provisions of Article 14 of the Scheme provide as follows: "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 Tribunal is entitled to have regard to the Garda reports furnished and within the context of an application before the Tribunal they are highly relevant. In the within claim the Garda reports are relevant regarding the nature of the fatal shooting itself and also with regard to previous convictions which have been recorded against the Deceased and the nature thereof.
Having regard to all of the aforesaid, the Tribunal is of the view that the provisions of Article 14 of the Scheme apply such that it is inappropriate that an award be granted in this instance and the Tribunal therefore declines to make any award.
Dated this 3rd day of December 2018
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