Foilsiú
F50207 (26 June 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.
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: [ ]
Application number: F50207
Date of death: [ ]
Date of application: [ ]
Decision outcome: The Tribunal awards the sum of €26,174.76
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 son, [ ] (Deceased), on the [ ].
2. It is apparent from the application form submitted that on the date of the death of the late [ ] at an address in [ ]. When [ ] attended with Gardai at the incident locus [ ] however the body of [ ] was found in the kitchen/living room area of the house. [ ] body was removed from the house and it was noted to have sustained [ ]. [ ] were withdrawn from the scene and the scene was preserved. A post mortem was carried out by [ ] which concluded that [ ] died as a result of [ ].
3. An Garda Siochana note that a murder investigation was carried out and a file was sent to the D.P.P. for directions. An Garda Siochana note that [ ] had a number of previous convictions prior to his death and they are detailed in the application submitted. It is noted that the vast majority of these previous convictions concern public order and alcohol and intoxicant related offences.
4. It is further noted that this application was received outside the three month period allowed for the making of such applications. I am satisfied based on the application as a whole that there are sufficient grounds made out by the Applicant’s legal representatives to extend time for the making of this late application and I do so in circumstances where it is clear that the Applicant herself has suffered significant emotional trauma as a result of the loss of her son. I also note a number of ongoing logistical issues regarding the inquest into the date of the deceased and the production of a Death Certificate.
5. In respect of the Applicant’s claim, I note that the Applicant has stated that she received support from the deceased for work that he did throughout her house. However, I note from the application form submitted that the Applicant’s son was unemployed at the date of his death. I accept that the Applicant is herself a victim of crime and I refer particularly to the Victim’s Charter in respect of the application of [ ].
6. I note the particulars of the dependents set out on the application form. I note the Deceased had, [ ], who is the first dependent. I also note the deceased had at the date of application had [ ].
7. In respect of an award in this case I am awarding the full amount of the solatium payable as of the date of incident. This totals the sum of €25,394.76.
8. I also award in respect of funeral expenses the sum of €3,280.
9. I note that [ ] received an “Exceptional Needs Payment” from the Department of Social Welfare in the sum of €2,500. In respect of the funeral account this sum is deducted from the award made.
10. As the deceased was not employed at the date of death no claim for income support arises.
11. This Tribunal makes a total award in this case in the sum of €26,174.76.
Georgina Robinson
Criminal Injuries Compensation Tribunal
31 May 2022
12. Following the publication of this decision correspondence was received from the Applicant’s legal representatives advising that unfortunately [ ] is now deceased as was so deceased when this decision issued. In these circumstances (whereby the Tribunal was not aware of the material fact that the Applicant was unfortunately deceased when an award was made) and noting that in any case the application was made by [ ] on behalf of the statutory dependents of [ ] (Deceased) - the Tribunal makes an award of €26,174.76 as outlined above and directs that this award be distributed equally between the surviving statutory dependents of [ ] Deceased.
Georgina Robinson
Criminal Injuries Compensation Tribunal
26 June 2022