Family members of Derek Coakley Hutch are seeking compensation from the State over his 2018 killing.
Mr Coakley Hutch’s mother, Noeleen Coakley Hutch, and his two children, aged 13 and 14, have brought a High Court action seeking to overturn the Criminal Injuries Compensation Tribunal’s refusal of their application on the basis of his “conduct, character and way of life”.
The 27-year-old, who was the nephew of Gerard Hutch, was shot dead while sitting in a car on the Bridgeview halting site in Clondalkin, Dublin, on January 20th, 2018.
In an action brought on behalf of herself and her two grandchildren, Ms Coakley Hutch says her son died as a result of a violent intentional crime for the purposes of the compensation directive.
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She made a compensation claim to the tribunal, which in April of last year made no award due to the application having been submitted outside the three-month time limit.
On appeal, the tribunal held that it would be inappropriate to make an award due to the conduct, character and way of life of Mr Coakley Hutch.
Among the costs claimed by Ms Coakley Hutch, who was married to Gerard Hutch’s late brother, were €13,800 in funeral expenses, €7,000 headstone costs and solatium.
Ms Coakley Hutch, of Upper Buckingham Street, Dublin, says in her legal papers that the tribunal’s decision stated her son was known to gardaí and was involved in criminality from a young age.
“The murder of Derek Hutch occurred during the bloody feud involving the Kinahan and Hutch organised crime groups,” the decision noted.
While the decision also said there is “no evidence to suggest that Derek Hutch was involved in the feud”, it added that gardaí believe he was “targeted as part of this feud as he carried the Hutch name”, she says. It also said he was “assisting in the supply of illegal drugs into Wheatfield Prison at the time of his death”.
The decision also records that Mr Coakley Hutch had been convicted of 14 offences, including theft, robbery and assault causing harm.
Ms Coakley Hutch alleges the tribunal is not fully institutionally independent in circumstances where it consists of servants or agents of the Minister for Justice. The relevant scheme for compensating victims of crime is invalid, in particular as it provides for the administration of justice by a person or panel that is not a judge or court appointed or established under the Constitution.
The exclusion of the applicants because of the deceased’s conduct is “disproportionate and/or discriminatory” against them and is unconstitutional and contrary to EU law, they claim.
The case came before Ms Justice Niamh Hyland on Monday. While only the applicants were represented in court, she granted permission for Ms Coakley Hutch and the two minors to challenge the tribunal’s decision
Ms Coakley Hutch’s senior counsel, Michael Conlon, suggested the case should return to court on Tuesday alongside several other actions that are challenging the 1986 scheme. The judge agreed, saying the State parties should be notified.
