Publication
53191 (25 October 2019)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal (Fatal Injury Application)
File No. 53191
Applicant: [ ] in respect of [ ] [ ] (Deceased)
Date of incident: [ ]
Tribunal Notified: [ ]
Application Form: [ ]
Received by the Tribunal: [ ]
The Applicant claims herein on behalf of the statutory dependants of the Deceased.
On the [ ] the Deceased, [ ], was fatally [ ] at [ ]. Garda Reports have been furnished in relation to the incident. The Garda Report of the [ ] indicates that the incident was not witnessed and that the Deceased became involved in an altercation with another man resulting in the fatal [ ]. The Garda Report gives details of previous convictions of the Deceased namely 5 convictions under the Road Traffic Act, 2 convictions for simple possession of drugs and one conviction under the Theft Act. The man who [ ] the Deceased, [ ], was charged with murder and convicted with manslaughter at the [ ] in [ ]. He was sentenced to [ ] years imprisonment when the matter was finalised on [ ]. The subsequent Garda Report of the [ ], as well as giving details of the sentencing as above, also indicates that the death of the Deceased followed a fight between both parties, where the Accused alleged (at the time of arrest, and later in Court) that he had been assaulted on the [ ] by the Deceased who was trying to "call in" a drugs debt. That Garda Report furthermore sets out that a short time after (on the same day) another row took place between both parties, and the Accused [ ] the Deceased [ ], fatally injuring the Deceased.
In light of the aforesaid, the Tribunal is of the view that the provisions of Articles 13 and 14 of the Scheme apply in this case and the Tribunal therefore declines to make any award in this instance. The application is therefore refused.
Dated the 25th day of October 2019
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