Foilsiú
F/51727 (29 September 2022)
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of one member of the Tribunal pursuant to section 25 of the Scheme
Applicant: [ ]
Deceased: [ ]
Date of Incident: [ ]
Date of application: [ ]
Case Reference: F/51727
Decision: Pursuant to Article 13, the application is refused.
1. [ ] (“the applicant”) has made a claim to the Criminal Injuries Compensation Tribunal (“the Tribunal”) for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”) on her own behalf and on behalf of the dependents of her ex-husband, [ ] (“the victim”) who was fatally injured on [ ].
2. The application form was signed by the applicant on [ ] and submitted to the Tribunal under cover of letter from her solicitor dated [ ]. The application form was stamped as received by the Tribunal [ ].
3. As a preliminary issue, it is presumed, for the purposes of this decision, by the Tribunal that the date of the applicant’s signature on the application form is incorrect as it is dated four days before the date of the incident in which the victim was fatally injured.
4. In her application, the applicant stated that she, the victim and the dependents of the victim were living in [ ] at the time of the incident. Mr [ ] was killed outside the [ ] on [ ]. At the time of the application, the applicant did not know the name of the offender and the applicant was unaware of whether any prosecutions had been brought with respect to the victim’s murder.
5. The applicant claims compensation from the Tribunal with respect to funeral costs, as well as compensation for the victim’s [ ] children.
6. Following the submission of the application, the Tribunal was informed that further members of the victim’s family wished to be added to the application for compensation, including the victim’s mother and siblings.
7. The Tribunal has had the benefit of a Garda Report dated [ ] which states that the victim died as a result of an injury he received on [ ] at [ ]. The incident was witnessed by security staff on CCTV who contacted Gardai.
8. The Garda Report states that the incident in question involved a large number of people [ ]. The report states that, at the time of his fatal injury, the victim was wanted by police in [ ] for questioning in relation to [ ]. [ ].
9. At the time of the Garda Report no proceedings had been taken in relation to the stabbing of the victim. However, proceedings had been recommended in relation to the overall incident which resulted in the death of the victim, and Gardai were awaiting directions from the DPP.
10. In a further Garda Report to the Tribunal dated [ ], it was stated that a number of convictions had been secured against individuals charged with public order offences but no charges had been contemplated with respect to the stabbing of the victim.
11. The Tribunal has had the benefit of a report setting out the victim’s previous convictions in [ ], which include convictions for motoring offences, theft, affray, threatening and abusive behaviour and taking a conveyance without authority. The victim received fines, penalty points, disqualification from driving and a [ ] custodial sentence.
12. In support of her application, the applicant provided birth certificates of the dependents of the victim as well as the death certificate of the victim and receipts relating to the victim’s funeral costs. The applicant also submitted a letter from the GP of the victim’s mother relating to treatment she had received for the emotional distress caused by the victim’s death.
13. On [ ], the secretariat of the Tribunal wrote to the applicant’s solicitor acknowledging receipt of her application and seeking any other vouching documentation relating to out-of-pocket expenses. The applicant was also asked to confirm details of any maintenance paid by the victim to his dependents following his divorce from the applicant and details of any further dependents who were to be added to the claim for compensation.
14. On [ ], the secretariat of the Tribunal wrote to the solicitor for the applicant enclosing the Garda Reports referenced earlier. The attention of the applicant’s solicitor was drawn to Article 14 of the Scheme (discussed below).
15. Further correspondence took place between the solicitor for the applicant and the secretariat of the Tribunal resting with a letter from the Tribunal dated [ ] in which attention was drawn to Articles 13 and 14 of the Scheme and the applicant’s solicitor was invited to comment. Further the applicant’s solicitor was invited to confirm that there were no further receipts or documentation relating to expenses arising from the victim’s death to be submitted to the Tribunal.
16. On [ ], the solicitor for the applicant confirmed in writing that there were no further expenses for which compensation was claimed. This was confirmed in writing on [ ].
17. On [ ], the secretariat of the Tribunal wrote to the applicant’s solicitor asking if the applicant wished to pursue her claim, and, if so to submit the documentation sought, including receipts to vouch her claim for compensation for out-of-pocket expenses. The applicant was informed that, in absence of same, her file would be sent to a Member of the Tribunal for determination.
18. The following documents were furnished to the Tribunal Member for determination:
a. Completed application form signed by the applicant under cover letter from applicant’s solicitor dated [ ] enclosing:
i. Death certificate of the victim
ii. Birth certificates of dependents
iii. Letter [ ] Surgery, [ ]
iv. Receipt: [ ] Funeral Services, [ ]
v. Receipt: [ ] Funeral Care, [ ].
b. Garda Report [ ] and [ ];
c. Garda Report of [ ] enclosing details of victim’s previous convictions in [ ];
d. Correspondence between applicant’s solicitor and secretariat of the Tribunal.
19. I am satisfied that [ ] was a victim of a crime of violence within the meaning of the Scheme. I am also satisfied that the death of the victim arose as a direct consequence of that crime. I am satisfied that the matter was reported the matter to An Garda Síochána promptly.
20. The Scheme provides at para. 3 that: “The Tribunal will consider claims for compensation made by or on behalf of….(d) where the victim has dies otherwise than as a result of the injury, any dependent of the victim.”
21. I am satisfied that the applicant is the ex-wife of the deceased victim, and brings the application on her own behalf, and on behalf of the other dependents of the victim which include his children, mother and siblings.
22. Article 21 of the scheme which was in place at the time of the application states:
"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. In the case of an injury arising out of an event which took place before the commencement of the Scheme, the application must be made not later than three months from the date of the commencement (subject, also, to the foregoing exception)".
23. In her application, the applicant’s legal representative stated that the applicant and her family had been receiving counselling following the death of the victim.
24. I am satisfied that, based on the Garda Report and subsequent correspondence between the Secretariat of the Tribunal and the applicant that criminal investigations were ongoing at the time the applicant should have made her application to the Tribunal.
25. I am satisfied that this constitute circumstances which warrant the granting of exceptional treatment in this case, and that the applicant’s claim should be admitted despite being outside of the required three-month time limit.
26. Article 13 of the Scheme provides for the following:
“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.”
27. For the purposes of the Scheme, the “victim” is the person who was (fatally) injured during the crime of violence, and the “applicant” is the person who brings the claim for compensation on their own behalf and any other dependents of the victim.
28. Article 13 is a public policy measure which requires the Tribunal to assess the appropriateness of making an award for compensation having regard to the conduct of the victim, his character or way of life. Article 13 in no way seeks to diminish the emotional and financial consequence of the loss of the victim to his dependents. In the circumstances of not awarding monies to the dependents of a person whose conduct, character or way of life come within the Article, the State is not blaming such dependents, but withholding compensation in a manner that it would do were the victim alive.
29. It is clear from the Garda Report that the victim was fatally injured during [ ], as a result of which a number of convictions were secured. I am satisfied that this is an accurate summary of the factual circumstances of the victim’s death.
30. It is also clear from the Garda Report that the applicant had a number of criminal convictions in [ ], and at the time of his death, was wanted by police in [ ] for questioning in relation to the [ ] in [ ].
31. In such circumstances, it is considered inappropriate for an award of compensation to be granted, having regard to the conduct, character or way of life of the victim.
32. The applicant’s solicitor was provided a copy of the Garda Report and the applicant’s solicitor was invited to comment on the provisions of Article 13 as they relate to the facts of this case. The applicant has not submitted any material to the Tribunal to determine that the information provided to the Tribunal by An Garda Siochana is incorrect, or why the provisions of Article 13 should not be applied.
33. Therefore, while being sympathetic to the applicant and the victim’s dependents, no award of compensation will be granted, and accordingly the application is refused.
Peter Stafford BL
Member, Criminal Injuries Compensation Tribunal
29 September 2022