Courts / Cork / Report

Children of man shot in alleged 'gangland drugs killing' challenge compensation refusal

Summary

Eddie Cunningham Cummins and Erica Cunningham Cummins, residents of Heron's Wood, Carrigaline, Co Cork, have brought a High Court judicial review against the Criminal Injuries Compensation Tribunal and the Minister for Justice. The applicants are the children of Eddie Cummins Snr, who was killed in a shooting in Ballincollig, Co Cork, in 2005. The Tribunal initially refused their compensation claim in 2021, citing that the application was made outside the statutory time limit and that the victim's conduct, including previous convictions and the nature of the killing, rendered an award inappropriate under Article 13 of the scheme. The applicants appealed this decision, arguing that Article 13 applies only to the conduct of the applicant, not the deceased victim, and that the children were innocent of their father's actions. The Tribunal upheld the refusal in 2022. In the current proceedings, the applicants seek to quash the Tribunal's decision, claiming it was irrational, breached fair procedures, and violated their rights under EU law, the Irish Constitution, and the European Convention on Human Rights. The matter was heard by Mr Justice Charles Meenan, who granted the applicants permission to bring the challenge on an ex-parte basis. The case was adjourned and made returnable to a date in February.

Who, what, where, when and why

What: Report matter: Children of man shot in alleged 'gangland drugs killing' challenge compensation refusal. Procedural stage: hearing_or_decision

When:

• August 13, 2005 Incident
• August 2021 Incident
• July 2022 Other
• 2022-12-12 Publication

Why: The application was also rejected because Mr Cummins Snr had 27 previous convictions for offences including possession of drugs for sale and supply and assault and because his killing had "all the hallmarks of a gangland drugs killing". CNI source report

Case subjects

Places mentioned

Topics

Drugs Stage Hearing Or Decision

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Read the original CNI report