F51180 (15 August 2022)

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: [ ] on behalf of the Dependents of [ ] Deceased

Application number: F51180

Date of incident: [ ]

Date of application: [ ]

Decision outcome: No award.

1. Mr [ ] (“applicant”), a son of Mr [ ] (‘the deceased’), has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).

2. On the [ ], the deceased, was fatally shot, [ ]. The applicant was [ ] years old at the date of the incident.

3. The incident was investigated by [ ] Garda Station. The offender or those who assisted in carrying out, or directing the shooting were never identified [ ].

4. The applicant has put forward a statutory claim under section 47(1) of the Civil Liabilities Act, 1961, seeking a solatium payment. While he has named other statutory dependants, he has not provided any birth certificates for them. No waivers have been presented by those named as having an entitlement to claim under 47(1) of the Civil Liabilities Act, 1961. The applicant has the funeral expenses discharged.

Late application

5. This application was submitted to the Tribunal over [ ] years after the date of the incident. Paragraph 21 of the (pre-April 2021) Scheme states that “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 applicant was never invited to make submissions on this paragraph.

Conduct

6. Paragraph 13 of the (pre-2021 Scheme) states that “No compensation will be payable where the Tribunal is satisfied that the victim was responsible, either because of provocation or otherwise, for the offence giving rise to his injuries and the Tribunal may reduce the amount of an award where, in its opinion, the victim has been partially responsible for the offence”.

Criminal convictions

7. Paragraph 14 of the (pre-2021 Scheme) provides that " 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 Gardai have advised the Tribunal that the deceased had accrued [ ] convictions at the date of his death, mainly in respect of [ ] offences.

Duty to Provide Reasonable Assistance

8. Paragraph 11 of the (pre-April 2021) Scheme states that “No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance, in relation to any medical report that it may require, and otherwise” [emphasis added]. Therefore, the duty under paragraph 11 extends to providing the Tribunal with vouchers, documentary proof of any losses claimed, submissions on the terms of the Scheme and all relevant information requested, to enable the Tribunal to sufficiently progress and conclude the claim.

9. By letter dated [ ], the Tribunal invited the applicant to comment on the contents of the Gardai report with regard to paragraphs 13 and 14 of the Scheme. No response was received by the Tribunal to this correspondence.

10. The Tribunal most recently wrote to the applicant on the [ ]. No response was received from the applicant.

11. The applicant has failed to comply with paragraph 11 of the Scheme and respond to the Tribunal’s correspondence dated [ ]. The applicant has not corresponded with the Tribunal since [ ], over [ ] years ago. The applicant has failed to provide the Tribunal with all reasonable assistance with a view towards progressing and finalising his claim. In such circumstances, paragraphs 11 of the Scheme will apply. Regrettably, in such circumstances, it is not possible to make any award to the applicant.

12. In circumstances where paragraph 11 has been applied, it is not necessary for the Tribunal to make any further determinations on paragraphs 13, 14 and 21 of the Scheme or any other provisions of the Scheme that might apply to this matter.

David Culleton

Member of the Criminal Injuries Compensation Tribunal

15 August 2022