Call for law change after Middleton compensation controversy
Shadow House Leader John Barritt has called for the Criminal Compensation Act to be changed after the controversial low award to the mother of slain Canadian teen Rebecca Middleton.
Cindy Bennett was recently paid less than $3,000, plus help with legal expenses, in compensation for the brutal unsolved murder of her daughter at Ferry Reach more than ten years ago.
Last week Attorney General Larry Mussenden defended the award. He said the situation was "most tragic" and expressed Government's regret and sympathy to the Middleton family.
But he said the Criminal Injuries Compensation Act 1973 only allows the Board to compensate for the financial loss suffered and expenses incurred by the person responsible for the maintenance of the dead victim.
"If there were dependants, then the victim's dependants would have received compensation. If there are no dependants, then compensation may be awarded to any other person in respect of expenses incurred by that person as a result of the victim's death."
However, Mr. Barritt said there were differing views on what the Board could have awarded in this case.
"But be that as it may, the award which was made in this case prompts the question was this right? The AG appears to have completely side-stepped this question as well as the other question which people are asking ? what can be done about it?
"My own view is the result suggests the time has come to review the legislation to see whether changes ought to be made.
"Sadly, these are not the first parents to lose their child as a result of a criminal act."
He said the legislation only allows for awards to victims who survive a criminal act and to their dependants.
"Young children who are murdered rarely if ever have dependants, but they do have parents who suffer, I suspect, as much pain and suffering as the victims themselves and for the rest of their lives. Any person might reasonably think the time has come to review the Act to also provide parents with awards for pain and suffering in such circumstances. I happen to think that time, very sadly but most definitely, has come."
