F/50271 (14 September 2023)

The 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: [ ] in respect of [ ] (Deceased)

Application number: F/50271

Date of incident: [ ]

Date of application: [ ]

Decision outcome: Application refused pursuant to Paragraph 14 of the Scheme.

1. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’) in respect of the death of her partner [ ] (‘the Deceased’). The Applicant has submitted a completed application form in respect of her claim which was received by the Tribunal on [ ].

2. The Deceased was found dead [ ] on the morning of [ ]. It appears that he had been shot a number of times [ ] and succumbed to his injuries. Garda were notified and a murder investigation was launched into the incident. Numerous arrests were made and a file was sent to the Director of Public Prosecutions for her consideration. Ultimately no prosecution ensued and nobody was convicted in respect of the incident.

3. The circumstances of the Deceased’s death were particularly violent and the Tribunal accepts without question that both the fact and circumstances of the Deceased’s death were particularly traumatic for the Applicant, her children and the Deceased’s wider family. The Deceased’s murder was extensively covered in contemporaneous newspaper reports. The Tribunal further accepts that the fact that nobody was brought to justice in respect of the Deceased’s death could only add to the family’s upset.

4. For the purposes of satisfying the terms of the Scheme, the Tribunal accepts that the Deceased died as a result of a crime of violence.

5. The Applicant has named the Deceased’s [ ] as dependants, within the meaning of the Civil Liability Act, 1961, as amended and seeks compensation on their behalf.

6. The Tribunal has also been advised by letter dated [ ] that the Deceased’s [ ] wish to be included in respect of the claim and further claim for the Deceased’s funeral costs which total £3,920. By way of the same correspondence the Tribunal has been informed that the Deceased’s [ ] wish to waive their right to claim compensation, save for a claim for travel expenses for [ ] to attend the Deceased’s funeral.

7. The Tribunal has been informed that neither the Applicant, nor any dependant, has received any compensation for the Deceased’s death.

8. Paragraph 14 of the Scheme states:

‘No compensation will be payable where the Tribunal is satisfied that the conduct of the victim, his character or way of like makes it inappropriate that he should be granted an award and the Tribunal may reduce the amount of the award where, in its opinion, it is appropriate to do so having regard to the conduct, character or way of life of the victim’

9. The Tribunal has been furnished with a Garda Report in respect of the incident attached to correspondence dated [ ]. The relevant portion of the report states as follows:

‘The investigation discovered that [ ] was [ ] on the evening before he was discovered and [ ]. The Deceased was known to Gardaí…’

10. The Garda Report has been circulated to the Applicant and, save for small factual corrections in respect of the date of the Applicant’s death, the facts contained therein have not been challenged and the Tribunal may therefore infer that its content is accepted by the Applicant.

11. The Tribunal is therefore presented with uncontested evidence that the Deceased was involved in the [ ] and that he was a man known to Gardaí in respect of his criminal activities. Further, the Tribunal acknowledges that the circumstances of the Deceased’s death bear all the hallmarks of an organised ‘hit’. The Tribunal must therefore decide, on the balance of probabilities, whether the Deceased/Victim’s conduct, character or way of life makes it inappropriate that the Applicant can recover an award arising out of his death.

12. Taking all the available evidence into account the Tribunal decides that it would be inappropriate for the Applicant to successfully claim compensation taking into account the circumstances of the Deceased’s death and his character and way of life and therefore refuses to admit the application for consideration under the Scheme.

13. The Tribunal therefore has no alternative but to refuse to admit the application under Paragraph 14 of the Scheme.

14. Not eligible pursuant to Paragraph 14 of the Scheme.

15. N/A.

16. N/A.

17. Nil.

Marc Murphy

Criminal Injuries Compensation Tribunal

14 September 2023