Publication
F/51949 (30 September 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
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: [ ] (Deceased)
Application number: F/51949
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under paragraph 21 of the Scheme.
1. [ ] (deceased) made a claim on behalf of herself and his deceased son’s dependents for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In her application for compensation under the Scheme, received on the [ ], the Applicant claimed compensation as a result of the fatal killing of his son, [ ], who died following gunshot wounds to the [ ] and [ ], outside of [ ].
3. There is a Garda report on file dated the [ ]. The report states that [ ] was shot dead on the [ ], [ ] and [ ]. The matter was reported to Sergeant [ ] at [ ] Garda Station. The incident was not witnessed by Gardaí. The report states that the deceased [ ]. The report states that [ ], the deceased’s father had two previous convictions. One for larceny in [ ], and one for allowing his premises to be used under Section 19 (10) of the misuse of Drugs Act. [ ] has [ ] previous convictions, including [ ]. Nobody was charged with the murder of [ ].
4. There is also a list, on file, of [ ] instances of misconduct on the part of the Appellant [ ].
5. The Applicant’s solicitor submitted receipts in respect of the deceased funeral. There is a receipt for €1,200 for the grant of a right of internment in [ ]. There is a receipt of €710 for the internment. There is a bill of €5,650 from [ ], Funeral Directors.
6. The dependents are listed as [ ], the deceased’s step-mother, and [ ], the deceased’s mother.
7. Paragraph 21 of the scheme is relevant in this case as the application was not made within the three-month time limit. Paragraph 21 of the 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’. It is noted that this application was submitted six years after the incident.
8. There is no clear explanation on the application form or from the Applicant’s Solicitor as to why there was a six-year delay in submitting same. However, there is a handwritten letter from [ ] Deceased, dated the [ ], outlining how his son was going to turn his life around [ ], The Applicant does not refer to the failure to submit within the time limits, in his letter.
9. The Tribunal understands that the deceased Applicant had been through an extremely difficult time following the death of his much loved son. The Tribunal’s role at this juncture, however, is to assess if the claim was made ‘as soon as possible and not later than three months after the accident’. It is clear based on the information before it, that this is not the situation in this case as the application was made some six years following the accident. Unfortunately, no clear evidence has been put before the Tribunal to state why there was such a long delay in bringing the application [ ]. There is no evidence to illustrate why the application was not been brought in those three years.
10. In the circumstances, and in the absence of any evidence providing an objectively reasonable explanation as to why the delay should allow for exceptional treatment, the Tribunal is bound by the terms of scheme and finds that this application falls outside of the time limit set out in Section 21, and therefore, unfortunately, application must fail.
11. The Tribunal is very mindful of the fact that the deceased’s mother and step-mother and his family have suffered terrible grief following the tragic loss of their beloved son and brother, and it expresses its sincere condolences in this respect.
Majella Twomey
Chairperson, Criminal Injuries Compensation Tribunal
30 September 2022