Foilsiú
F/544 (29 May 2020)
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
File No: F/544
Applicant: [ ] - Wife of Deceased
Name of Deceased: [ ] DOB [ ]
Date of Death: [ ]
The Tribunal received a completed application form in respect of this claim on the [ ] of [ ].
The Applicant has made an application for compensation for the death of her husband [ ] [ ] who was fatally injured as a result of a serious assault on the [ ]. The application was made outside the three month time limit for the bringing of claims under the Scheme as laid down by Article 21 of the Scheme and no details of any circumstances to justify exceptional treatment have been provided. However, since the application was lodged by the solicitors for the Applicant on the [ ] the Tribunal Secretariat has engaged in protracted correspondence with the solicitors for the Applicant in relation to various aspects of the application. At no time since [ ] was the Applicant asked to address the circumstances for the lateness of the application. Given that the Applicant has not been given an opportunity to make any submission in relation to the lateness of the application it would be disproportionate to refuse the application on the grounds of lateness alone.
The Deceased died as a result of multiple stab wounds on the [ ] at [ ] [ ] [ ]. The incident was reported to Gardaí and investigated but no one has been arrested or charged in relation to the incident.
The Tribunal is satisfied that the claim falls within the ambit of the Scheme however, the Tribunal is minded to have regard to Article 13 of the Scheme wherein it is stated inter alia :-
"No compensation will be payable where the Tribunal is satisfied that the victim was responsible, either by way of provocation or otherwise (emphasis added), for the offence giving rise to his injuries..."
The Tribunal also has regard to Article 14 of the Scheme wherein it is stated inter alia :-
"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....Where in its opinion, is it inappropriate to do so having regard to the conduct, character or way of life of the victim".
The Tribunal has the benefit of the letter from Superintendent [ ] of [ ] Garda Station dated the [ ] which states that the purpose of the Deceased's visit to the premises where he was fatally attacked was "[ ] ". The victim was accompanied by three other men who in the course of that visit "[ ]. "
The Tribunal also has the benefit of the letter from the Applicant's solicitor dated [ ] of [ ] which addresses whether Article 13 applies to this application. The letter does not dispute the facts as asserted but whether they amount to provocation. It is the view of this Tribunal that Article 13 does apply in circumstances where the article refers to "provocation or otherwise [emphasis added]...giving rise to his injuries". The facts as presented to this Tribunal are that the Deceased formed part of a group which on the night of his death was attempting to recover a debt using intimidation. This in turn led to a violent altercation which tragically resulted in the Deceased's death.
Furthermore, the application before this Tribunal contains a significant claim for dependency based on the loss of the Deceased's earnings as a self-employed [ ]. There is no evidence at all to substantiate this claim. The Applicant's solicitor has confirmed by letter of the [ ] that they are not in a position to procure any documentation in relation to the loss of earnings. It appears the actuary was instructed to prepare a report on the basis of the Applicant's verbal instructions alone. It is quite apparent that the Deceased was not making any return to the Revenue Commissioners in respect of any earnings, from this employment or any other employment. A letter from the Revenue Commissioners dated [ ] states that the Deceased last paid tax in [ ] prior to his death.
The Tribunal is obliged to consider all Articles of the Scheme and this Tribunal finds both Articles 13 and 14 of the Scheme apply to this application. On the basis of the facts as set out in the application this Tribunal is satisfied that the character and way of life of the victim are such that it would be inappropriate to grant an award.
The application is refused.
[ ]
29 May 2020