There is no empathy, says criminal injuries compensation claimant
When Valerie Raynor applied for compensation after her son was killed by her grandson, all she hoped for was enough money to pay for the funeral.
Amon Brown, 52, was stabbed to death in July 2020 by his son, Tyshaun Brown, who pleaded guilty to manslaughter in March 2022.
At the time, Ms Raynor told the Supreme Court: “I was very close to my son. We had an extremely close bond. At this point, I don’t even know how to begin to heal.”
Ms Raynor has not received one cent and has been left deeply frustrated after a case brought by her and four other people against the Criminal Injuries Compensation Board was rejected — reluctantly — by the Court of Appeal.
The funeral cost about $10,000, with some paid for by other people, leaving her to pay about $8,700.
“It’s not like I am trying to rip them off,” said Ms Raynor. “The law has to be changed; otherwise, the same thing will happen to the next group of people.”
Each applicant submitted a claim for compensation more than two years after the original incidents and were turned down because, under the law, the CICB cannot accept claims submitted after a two-year time limit.
At the court hearing, the five — who include a mother whose infant child suffered brain damage after being dropped while in the care of a nurse — claimed that they were never told of the time bar.
They also argued that efforts to get compensation were hampered further by government officials who told them not to submit claims until all paperwork, including death certificates and even proof of the criminal conviction of the perpetrator, could be secured.
In its ruling, the court acknowledged that the CICB had to work within the law although Sir Christopher Clarke, the President of the Court of Appeal, said: “No one in whose veins blood flows could not but sympathise with their sorrows.”
It is possible that the five will get compensation after the panel recommended that they are given an ex gratia payment from the CICB because “it was morally the right thing to do”.
The panel also called for changes to the law so that claimants will no longer be “left in the dark” by a combination of bureaucracy and misinformation.
Despite that, Ms Raynor says she is still not sure what will happen next, although the Attorney-General has said she has been in touch with the CICB chairman “to ensure that the proper resolution of the cases in question takes place, to guarantee the best possible outcome for the parties involved”. (See panel.)
The minister said that in reviewing the Court of Appeal’s judgment, the recommendation of an ex gratia payment was noted.
“Whilst this is only a recommendation, I have already been in contact with the chairman of the board to ensure that the proper resolution of the cases in question takes place, to guarantee the best possible outcome for the parties involved.
“In consultation with the board, we now intend to consider the practicality of the current legislative time limits for submitting applications, given the difficulties encountered by the applicants in meeting timelines.
“I can confirm that the proposals advanced by the court will be considered on an expedited basis, being cognisant of the trauma suffered by applicants, and the corresponding need to assist by ensuring a more accessible and streamlined application process.”
The Shadow Minister of Legal Affairs, Scott Pearman, also issued a statement that said: “It is understandable why the law requires legal claims to be brought within a reasonable period of time.
“Yet it is vital that the public can easily understand what deadlines apply and when. And where victims of crime who are seeking compensation are misinformed by a government board, the system has clearly failed them.
He said the One Bermuda Alliance “very much agrees” with the court’s recommendation that an exceptional ex gratia payment should be made.
“There is maxim that justice must not only be done — justice must also be seen to be done. This obvious injustice should be corrected as Bermuda’s appeal court recommends.”
He said the board’s existing discretion to extend the deadline for claims should be adjusted, so that its powers align with time limits for all other personal injury claims in Bermuda.
It is not the first time that the operations of the CICB have been highlighted. Last year, Victoria Pearman, then the Ombudsman, said in a report that the board was inefficient, inadequate and hard to navigate for applicants who did not have a lawyer.
She said: “The length of time that an applicant has to endure to have a claim processed is very long.
“On top of the trauma victims endured, the length and uncertainty of the process is an ongoing ordeal.”
Her replacement as Ombudsman, Michael DeSilva, a former commissioner of police, hoped that the Court of Appeal ruling would “add impetus” to the changes recommended in Ms Pearman’s report.
He said: “Whenever issues of unfairness in public administration are raised, they capture the attention of the Office of the Ombudsman for Bermuda.
“The recent judgment from the Court of Appeal in respect of the Criminal Injuries Compensation Board brings mixed news.
“On one hand, it is tragic to hear that five victims of crime will not have access to financial compensation to which they otherwise might have been entitled. That is, regrettably, the effect of application time limits and deadlines that are not discretionary.
“On the other hand, the court’s conclusions may bring about meaningful changes to relevant laws and procedures that prevent this situation from happening again.”
He said Ms Pearman had found that the board’s processes were inefficient, caused undue delays and were difficult to navigate by most applicants.
Mr DeSilva said: “Ms Pearman attributed these issues to a combination of shortcomings in resources, policies, procedures and legislation.
“She also recommended that staff at the CICB should actively engage with applicants to assist in the application process and to gather the best possible evidence for the board to consider.
“The Ombudsman’s report and the court’s judgment both address access to justice issues.
“Our office will continue to monitor any fairness issues that might arise with the CICB. We also hope that the court’s proposals will add impetus to the change process initiated by the recommendations in our special report.”
The CICB falls under the responsibility of Kathy Lynn Simmons, the Attorney-General and Minister of Legal Affairs and Constitutional Reform. She did not reply to a request for comment.
Efforts to contact the chairwoman of the CICB, Larissa Burgess, were unsuccessful.
• To see the Court of Appeal’s ruling and the Ombudsman’s report into the Criminal Injuries Compensation Board, see Related Media
• It is The Royal Gazette’s policy not to allow comments on stories regarding court cases. As we are legally liable for any libellous or defamatory comments made on our website, this move is for our protection as well as that of our readers
