F55426 (23 March 2024)

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: F55426

Date of incidents: [ ]

Date of application: [ ]

Decision outcome: Award of €43,112

1. [ ] (“the applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’) on behalf of the dependents of the late [ ]. The applicant is [ ] sister.

2. On the [ ], Mr [ ] in an unprovoked attack by [ ] (“the offender”). The offender was [ ].

3. The offender was found guilty of murder in [ ] and sentenced to life in prison in [ ].

Late application

4. The application was received thirty five months after the date of the incident causing [ ] death. 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”.

5. The applicant explained that there was a miscommunication and while she was advised by a Garda Liaison Officer of the Scheme, she believed that the application was not to be submitted until after the trial of the offender had concluded. It is noted that the application form was submitted two months after the date the offender was sentenced.

6. The applicant also advised that she was in a state of shock after the incident and mentally unfit to progress the application. It is evident from the application that the applicant and her family suffered terribly in the aftermath of [ ] death, with most members of the family requiring anti-depressant medication and counselling. The applicant herself attended counselling.

7. It is evident that the applicant was not in any fit mental condition to submit the application form even if she was aware of the 3 month deadline. It is also entirely clear from the application papers before the Tribunal that [ ] family appears to have relied heavily on the applicant after the death of [ ]. She organised and paid for the funeral, prepared a Victim Impact Statement and spoke at the criminal trial on behalf of the family. The applicant was the glue that kept them together during the darkest time of their lives. In the circumstances, it is therefore entirely understandable as to how a genuine miscommunication could have arisen. For the forgoing reasons, the Tribunal finds that this application merits exceptional treatment and will admit this application to the Scheme.

8. Paragraph 6 of the (pre-2021 Scheme) states that “Subject to the limitations and restrictions contained elsewhere in this Scheme, the compensation to be awarded by the Tribunal will be on the basis of damages awarded under the Civil Liabilities Acts”. Therefore, where a claim is made under the Fatal Injury Scheme, the Tribunal must have regard to Section 49 of the Civil Liability Act 1961. While it would be impossible to compensate a family for such a loss, Section 49 of the Civil Liability Act 1961 provides for a modest maximum payment of €35,000 to the surviving dependants in recognition of the grief and mental distress resulting from [ ] wrongful death (“solatium”).

9. S 47 of the Civil Liability Act, 1961 defines a “dependent” as including the “wife, husband, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother, half-sister” of the deceased.

10. [ ] is survived by eleven statutory dependents: [ ]

11. It is also noted that [ ] was in a relationship at the time with [ ]. It appears that they were not living together for three years at the date of [ ] death. The Tribunal has no doubt that [ ] would also have suffered severe grief and mental distress but unfortunately she is not entitled to be awarded a portion of the solatium as she was not a “dependent” for the purposes of S 47 of the Civil Liability Act, 1961. The Garda Report also notes that [ ] was only residing at the [ ] address on a temporary basis.

12. [ ] funeral expenses were discharged by the applicant in the sum of €11,132. However, only €10,112 of these expenses have been vouched by the applicant. No vouchers have been presented in respect of the catering charges and church music. She received a grant of €2,000 from her local Community Welfare office. Talking into account, the grant, the total net vouched expenses amount to €8,112.

13. The applicant and family members took time off work, and incurred travelling and childcare costs at the time of the funeral and to attend the criminal trial. These expenses have not been vouched.

14. The Tribunal will make an award of the net vouched funeral expenses. The Tribunal will make no award in respect of any unvouched expenses. No waivers have been executed by any of the surviving statutory dependants. The Tribunal therefore will therefore apportion the solatium as follows:

- The applicant is awarded €1,888 portion of the solatium. The applicant is also awarded €8,112 in respect of the net vouched funeral expenses. The applicant should repay any others who might have contributed to the funeral expenses. In total the applicant is awarded €10,000.

- [ ] is awarded €25,000 of the solatium.

- [ ] is awarded €500 of the solatium.

- [ ] is awarded €500 of the solatium.

- [ ] is awarded €500 of the solatium.

- [ ] is awarded €500 of the solatium.

- [ ] is awarded €500 of the solatium.

- [ ] is awarded €500 of the solatium.

- [ ] is awarded €2,431 of the solatium.

- [ ] is awarded €2,431 of the solatium.

- [ ] is awarded €250 of the solatium.

15. The Tribunal makes a total award of €43,112.

16. In relation to the solatium payments made to [ ], it is noted that she is still a minor. Accordingly, the Tribunal must direct that her solatium payment is to be lodged into a Post Office Savings account in the joint names her guardian and the Tribunal and to be retained there until she attains the age of eighteen years.

17. The Tribunal extends it sympathy to the applicant and [ ] family for the death of [ ]. The Tribunal would also like to thank the applicant for all the hard work and effort in putting together the application in an excellent fashion on behalf of her late brother’s dependents.

David Culleton

Criminal Injuries Compensation Tribunal

23 March 2024