Foilsiú
F/53765 (28 February 2023)
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.
The Criminal Injuries Compensation Tribunal
In the matter of an application under the Scheme (1) of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”)
Fatal Injuries Application
Single Member Decision
(1) The Scheme in operation at the time the application was received by the Tribunal.
The Deceased: [ ], who died on [ ] aged [ ] years (“the Deceased”)
Applicant: [ ] (mother of the Deceased)
Application ref: F/53765
Date of incident/death: [ ]
Date of receipt of application by Tribunal: [ ]
Decision outcome: Solatium of €17,500 awarded: €12,500 to the Applicant and €5,000 to [ ] of the Deceased, [ ]
The Deceased, having suffered [ ], was discovered in the early hours of [ ] by [ ], who alerted the Gardaí through emergency services. The Deceased had been murdered and his body transported to [ ], where he was found, according to a Garda Report received by the Tribunal on [ ]. Following investigation, [ ] convicted of his murder in the Central Criminal Court in [ ] and [ ]. A fatal injuries application has been submitted to the Tribunal by the Deceased’s mother, [ ].
The Tribunal notes that the Deceased died as a result of a crime of violence (thereby satisfying paragraph 1 of the Scheme). The Tribunal further notes that the Gardaí were alerted to the presence of the Deceased’s body in the aftermath of his killing (satisfying paragraph 23 of the Scheme).
The Applicant submitted her application a considerable length of time after the murder of her son on [ ]: it was received by the Tribunal 19 months after the death of the Deceased on [ ].
Paragraph 21 of the Scheme 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 …”
By reason of paragraph 21 this application ought to have been received by the Tribunal on or before [ ].
Having considered this application in its totality, the Tribunal is of the view that the circumstances of the Deceased’s murder was so traumatic for the Applicant and her family [ ] that the delay in submitting her application was entirely reasonable. The Tribunal therefore accepts that this application is eligible for further consideration.
The Applicant has submitted the following claim to the Tribunal:
A receipt for the Deceased’s funeral expenses: The Tribunal notes that this was been paid in full by one [ ], to [ ] Funeral Directors, in the sum of €8,495, on [ ]. The Applicant has not indicated who [ ] is, or his connection to the family of the Deceased. The Tribunal further notes that an Exceptional Needs Payment of €1,800 issued on [ ] on foot of an application by [ ], and was received by [ ], although this did not form part of the itemised receipt provided by the Applicant from [ ] for the purposes of this application.
The Tribunal also notes that the Applicant stated on her application form that she received €1,500 by way of a Bereavement Grant from the Department of Social and Family Protection. This payment does not appear to have been put towards the cost of the funeral expenses as detailed by [ ], Funeral Directors either.
A receipt for jewellery/keepsake box chains, dated [ ] in the sum of €570 from [ ] has been submitted by the Applicant. A receipt for €43 for the cost of issuing two birth certificates for [ ] and [ ] in respect of the application to the Tribunal has also been submitted, as has a vouched consultation fee of €50 for the Applicant’s sister [ ] attendance at her GP in the weeks following the incident. The Tribunal notes that [ ] has also put in a claim for loss of earnings for the weeks following the death of the Deceased.
Where a fatal injury occurs, applicants seeking compensation under the Scheme are entitled to apply for what is known as “Solatium”, that is, a compensation payment for the statutory dependants of a deceased who have suffered emotional distress as a result of the wrongful death of that deceased: Eligible dependents are listed in section 47 of the Civil Liability Act, 1961, as amended. Solatium is capped in law: in [ ] it was set at €35,000.
In the instant case birth certificates have been furnished for [ ].
The Tribunal notes that the loss of earnings as claimed by the Deceased’s [ ] is not covered under the terms of the Scheme, nor is her attendance at her GP in the weeks following the murder of the Deceased.
As regards the other expenses claimed by the Applicant, the Tribunal notes that the Applicant received two grants in the sum of €1,800 and €1,500 following the death of the Deceased. The €1,800 appears to have been paid directly to the funeral directors. The Tribunal presumes that the other compensation, a bereavement grant of €1,500, from the Department of Social Protection was used to offset the expenses claimed as set out above, together with other expenses not itemised or vouched, which may have been incurred by the Applicant or her family following the death of the Deceased. On that basis, the Tribunal will not engage the provisions of paragraph 15 of the Scheme in this instance, which mandates the reduction of any compensation received by way of social welfare benefits.
Whilst the Tribunal is minded to award the Applicant Solatium for and on behalf of the Deceased’s dependents, it is also obliged to consider and apply all the terms of the Scheme. That includes paragraph 13 of the Scheme:
"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.”
It is clear that the Deceased was a deeply troubled man prior to his death and the Tribunal has every sympathy for the Applicant, [ ] and for his wider family in respect of the Deceased’s death and in particular the manner of his passing. The Gardaí have confirmed in their Report to the Tribunal that the Applicant’s murder was [ ]. The Gardaí have also provided the Tribunal with a list of the Deceased’s previous convictions, [ ] in total, spanning from [ ] through to [ ], some of which are for serious crimes which attracted custodial sentences for the Deceased, including, [ ].
The Tribunal therefore deems, in accordance with the terms of paragraph 13 of the Scheme, that it is appropriate to reduce the Solatium awarded by 50%. To that end, the Tribunal awards the Applicant the sum of €17,500 to be distributed on the following basis: To, [ ], the sum of €5,000, with the remainder of the Solatium that is €12,500, awarded to the Applicant to be distributed amongst the remaining statutory dependants, or not, entirely at her discretion.
The Tribunal extends its sympathy to the Applicant, and the family of the Deceased on their loss and wishes them well into the future.
Award to Applicant [ ]: €12,500
Award to [ ], [ ]: €5,000
Nora Pat Stewart
28 February 2023