52423 (20 September 2022)

The Criminal Injuries Compensation Tribunal

In the matter of an application under the Scheme of Compensation for Personal Injuries Criminally Inflicted

APPEAL HEARING

APPLICANT/APPELLANT: [ ] in respect of [ ] (Deceased) [Ref:52423]

Held by way of virtual hearing on [ ], the [ ]

Present:

Tribunal Members:

• Mema Byrne, Barrister (Chair of this division, Tribunal Member)
• Nora-Pat Stewart, Barrister (Tribunal member)
• Elizabeth Davey, Barrister (Tribunal Member)
• Anne Marie Treacy, Secretary of the Tribunal

For the Applicant/Appellant:

[ ] in respect of [ ] (Deceased), Applicant/Appellant (hereinafter “the Applicant”) and; [ ])

Date: [ ]

Decision: Award of €33,560.32

This matter came before the Tribunal on the [ ] by way of appeal from a single member’s decision dated the [ ]. The appeal, a de novo hearing, commenced at [ ] by way of virtual hearing.

The Tribunal had the benefit of the Appeal bundle containing the following documentation:

1. The Applicant’s application form received by the Tribunal on the [ ];

2. Correspondence with An Garda Siochana;

3. Birth and death certificates;

4. Vouchers for out of pocket expenses;

5. First instance decision and appeal papers.

The Applicant’s son, [ ] (“the Deceased”) was fatally wounded in a shooting on [ ] on the [ ]. [ ] shot the deceased [ ] times. The emergency services were called and the Deceased was taken to [ ] Hospital where he died [ ] on [ ]. An incident room was set up in [ ] Garda Station but no person has been charged with the Deceased’s murder. An application was made to the Tribunal on the [ ].

At the time of his death the Deceased was [ ] years of age. The deceased had a number of previous convictions, the most recent being in [ ]. An inquest into his death was held in [ ].

A Garda report dated [ ] was submitted which stated [ ]. There is nothing to suggest or link the late [ ] to any gangland related criminal activities.

Article 20 of the Scheme (prior to 20 April 2021) provided:

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.

The Tribunal finds that in the aftermath of the Deceased’s death the applicant suffered grief to the extent that she was unable to make an application within 3 months of her son’s shooting and that circumstances existed so justify exceptional treatment of the application and submit it to the Scheme for determination.

The Tribunal heard that the applicant commenced anti-depressants and sleeping medication after the killing and [ ] gave evidence that they had attended counselling. The evidence before the tribunal was that the incident continues to affect each member of the family greatly, and that they are triggered every time there is a killing reported.

The Applicant and [ ] gave evidence that the Deceased has been convicted a number of times but that he had turned his life around and had not been charged since [ ]. They submitted that he was not involved in any gangland crime and [ ].

The Applicant submitted that she was seeking the special damages as set out in the single member’s decision. The following receipts were submitted:

Funeral and cemetery Expenses - €3,266.32

Right of Burial - €3,400

Headstone - €3,500

Flowers - €500

Subtotal - €10,666.32

Less Social Welfare Grant - (€2,500)

Total - €8,166.32

Having heard the Applicant’s evidence the Tribunal finds that Article 14 of the Scheme does not apply in this case. The Tribunal finds that the information provided by the Gardai that the deceased was not a drug dealer nor involved in gangland crime and also [ ], support the Applicant’s evidence that the Deceased was not in fact involved in a life of crime and had turned his life around to a significant degree prior to his death.

Accordingly, the Tribunal awards the Applicant the sum of €25,394 in solatium to be divided as follows: €2,000 to [ ]; €7,394 to the Deceased’s mother and €10,000 to [ ]. The Tribunal awards €8,166.32 to the Applicant [ ] to be used to reimbursed the person who paid for the funeral expenses if this was not the Applicant.

Signed: Mema Byrne BL

For and on behalf of the sitting division of the Tribunal.

20 September 2022