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Dublin: 13 °C Wednesday 22 May, 2013

Widow receives landmark damages over death of husband

Margaret Madden today received over €720,000 in damages in relation to the shooting dead of her husband Terence in 1999.

File photo
File photo
Image: infomatique via Flickr/Creative Commons

MARGARET MADDEN, whose husband Terence was shot dead 13-years ago, has been awarded over €720,000 in damages by the High Court.

Three men who were involved in the 1999 killing in Co Sligo are currently serving a life sentence.

Her husband had bled to death after being shot in both legs.

Today’s judgement marks the first time that the family of a murder victim have successfully sued those responsible, RTÉ reports.

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Comments (34 Comments)

  • This is an exciting beginning whereby the perpetrators of crime will see the State provide punishment for wrongdoing in the form of imprisonment while the victims exact financial retribution to ensure the guilty pay in every sense for their evil.
    The consequences will surely be a reduction in crime or am I dangerously naive?

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    • you can be guaranteed 720,000 Euro isn’t coming out of the pockets of the boys in prison.

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    • I’d say you are either dangerously naive or very sarcastic.

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    • am I the only one here that thinks this was a stupid ruling?? I don’t begrudge the widow of that man any amount of money but at the end of the day it’s the Irish tax payer that will pay the amount awarded… it doesn’t send out a message to potential murderers… they are not paying a red cent towards the amount, in fact it’s the Irish tax payer that is paying for their stay in jail.

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    • @fart how will the tax payer end up paying? It was a civil case, if the murders have money, houses, cars etc.. then they will have to pay up, if not they will be made bankrupt. The taxpayer will not have to pay.

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    • @Fartbox, I heard on the news that the proceeds are coming from the sale of homes and other assets. The state are not paying out compensation (as far as I know).

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    • You couldn’t be more wrong fartbox. Talking out your ars…….

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    • You are spot on Andrea. The State has no liability to indemnify the defendants who were sued in a personal capacity. No idea why any of the commentators thought otherwise. If the State had been named in the proceedings and there was a proportionate finding of liability against it then yes,the tax payer would have had to pony up. This woman will only get money if the defendants have assets.

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  • Great, hope loads of other murderers and their families will have to pay out large compensation to victims, I’d say criminals will be more scared of this than the tiny prison sentences they get.

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    • FartBox
      I seriously detest having to use your name but it probably reflects some degree of accuracy in respect of the Contributions you make on these pages.
      Where did you get the silly idea that this award would be paid by the Taxpayers. This Civil Damages Claim was against the imprisoned thugs and there is no mechanism by which the State can pick up the costs of any such award.
      The real problem is that the lady will have to pick up her own costs if they cannot be covered by the other side.

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    • paddy Rodgers…. fantastic name :-D pot and kettle springs to mind… if you are naive enough to believe that the men will pay 720,000 Euro in damages then that’s your problem. and a junky that murders someone in the street will pay damages awarded in court too… fantastic… let’s all go out and sue the prisoners in jail that committed murder… are you delusional?

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    • You are side stepping the main thrust of the question Mr. Box, whilst you may debate the deterrent factor in such rulings I still fail to see your arguement as to how the State will have to cover the costs of the award?

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    • @fart, it was very unlikely that one or more of the men don’t have significant resources (cash property) as this is the first thing a solicitor checks when entering into a civil case, just because someone is a murder and in prison doesn’t mean that they don’t have significant resources. And before you go on about the cost if the case, the costs if the case were also awarded to the women and the murderers had to pay there own expenses,

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  • Reg 09/10/12 #

    Where’s the money going to come from?

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  • I think this is a great idea, we often complain here about the length of prison sentences, however, with this they can be financially pursued even after they are released until their debt to society is truely paid back

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  • The taxpayer will NOT pay if she only sued the men, she will clean out the three, and the estate of the fourth.

    It about the principal I think.

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  • Wow. Its sad how little understanding people have of the legal system. Why would the state be covering this cost? It’ll come from whatever assets the three defendants have.

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    • I didn’t have the facts to back it up but I cannot for the life of me see how the tax payer could have ended up footing the bill for this! The state did their part in locking them up and in reaching this judgement….end of story!

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    • Sean, the problem is idiots on this site just listen to anyone who says the taxpayer will pay, even when it’s pointed out that all costs of this case (including judges costs etc…) are paid be the parties/people involved in the case

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  • Fair dues to her in this case, her husband was innocent and killed but what happens if the families of all the gangland murders start looking for compensation, surely if they lived by the gun and died by the gun then compensation is out of the question?

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  • if the money can’t be recovered from the men is question, then it will never be recovered period. no one else is responsible, certainly not the state.

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  • mike 09/10/12 #

    Sounds great but how do prisoners get 720000 to pay. Do they own property’s.

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    • Heard this on the News at One and apparently the murderers do own property , so I am sure there will be action taken to recoup the cash. Fair play to Mrs Madden and God Rest her husband. More of the same is what is needed, it may give them something to think about .

      Reply
  • G 09/10/12 #

    Money will come from the taxpayer in the form of a levy, but not all of us exactly. The rich will be able to shelter from it by using a tax break and the poor or so called poor will of course be exempt from it. So middle income earners will cover as per usual!

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    • I am not a legal expert or anything of the sort but how could the taxpayer possibly end up footing the bill for this? If you sue me for €2million and I don’t have the cash the government doesn’t pick up the tab!

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    • G 09/10/12 #

      It’s a bit like when a private bank goes bust and they can’t pay back bondholders the government doesn’t pick up the tab?
      You are probably right Ted, though that said, I am sure we will pick up the tab for all parties legal costs which will be hefty enough.

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    • Mr Box
      Its a civil case, taxpayer has nothing to do with it. The judge may award whatever figure pops into his head, it doesn’t mean it will be paid, a Lien may be put on what ever property the criminals own. The taxpayer does not pick up the tab, get that into your thick head.

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  • The killers will pay nothing, it will be the taxpayer like you and me that will have to fork out the dosh, as usual. Why don’t I just emigrate?

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  • My sympathies to Mrs Madden as I remember this tragedy, but I do echo what some others have said and wonder if the men involved have such resources. Or is it just the legal system and lawyers making loads of money? There would be very little point suing me for example, not that I have any criminal record. I will have €5 in my account by Friday thanks to the corruption in our banks!

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