Page last updated at 15:56 GMT, Friday, 14 November 2008

Attack family denied compensation

Kevin Lavelle
Kevin Lavelle is survived by two young children

The family of a man who died after being attacked outside an Oxfordshire pub have been told they will not receive any compensation.

Kevin Lavelle, 29, died on 24 June 2004 after being attacked in Banbury.

Mr Lavelle's parents submitted a claim to the Criminal Injuries Compensation Authority following his death.

However, the authority told them it would be "inappropriate" for them to be compensated because of his behaviour prior to the fatal attack.

The authority said Mr Lavelle had assaulted someone with a vacuum cleaner in a scuffle earlier that evening.

It is not about money at all. It is about getting justice for my son
Paddy Lavelle
Kevin Lavelle's father
"In this case, the deceased become involved in an altercation with another group and a scuffle ensued," it read.

"Furthermore, there was a not guilty verdict on the discretion of the judge. I have therefore concluded that in all the circumstances a full or reduced award of compensation would be inappropriate."

Mr Lavelle's parents, fiancee and two children, who are now five and six, had expected to receive compensation following his death.

The family said they intend to take the matter further.

Justice

"We are going to put an appeal in," said Paddy Lavelle, the dead man's father.

"It is not about money at all. It is about getting justice for my son.

"It is just tearing us apart at the moment. It feels like Kevin's been murdered again, over and over again."

A spokesperson for the Criminal Injuries Compensation Authority said it did not comment on individual cases.

An inquest this year recorded a verdict of unlawful killing, and a second inquest is to be held next March.

No-one has ever been convicted of killing Mr Lavelle.



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