Courts / Galway / Report

Murder victim's mother allowed amend claim in compensation bid

Summary

In a High Court ruling on 21 January 2019, the mother of Nicola Vonkova, a 19‑year‑old murder victim, was permitted to amend her legal challenge against the State's refusal to pay compensation. Magdalena Vonkova, from Prague, had previously argued that the Criminal Injuries Compensation Tribunal's exclusion rule – which bars payment when the offender and victim live together – was inapplicable because she and the offender, Jakub Fidler, were not members of a household in the strict sense. The judge, Mr Justice Senan Allen, allowed an additional ground for the claim, contending that the scheme violated Article 47 of the EU Charter of Fundamental Rights and breached EU law by failing to provide fair compensation for victims of violent international crimes. The amendment was proposed in June 2018, after the action began in April 2017, and the respondents – the Tribunal, the Minister for Justice and the State – opposed it on time‑limit grounds.

Who, what, where, when and why

What: Report matter: Murder victim's mother allowed amend claim in compensation bid. Procedural stage: sentence

When:

• July 2008 Hearing Or Sentence
• April 2017 Other
• June 2018 Other
• July 20 Hearing Or Sentence
• 2019-01-21 Publication

Why: It was refused because Ms Vonkova and Fidler, who had been friends, were residing in the same house at the time of her death. CNI source report

Places mentioned

Topics

Stage Sentence Violent Crime

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Read the original CNI report