Compensation sought for Mrs Sushames

Press, Volume CX, Issue 32486, 22 December 1970, Page 2

Compensation sought for Mrs Sushames

, (New Zealand Press Association) WELLINGTON, December 21. The Criminal Compensation Tribunal reserved its decision today on a claim under the Criminal Injuries Compensation Act on behalf of Anthony Shadrack Sushames, the Salvation Army social worker who was injured while assisting a man who was involved in a street brawl on December 19 last year.

John Anthony James, a surgeon, said that the condition of Mr Sushames had deteriorated. He was quite unaware of his surroundings except for brief moments. There was no prospect of his ever returning to work, nor would he ever regain his ability to control his own affairs. Mr Sushames would require fairly skilled nursing care, which could only be done at a hospital. Asked by Mr J. D. Rabone, appearing for the Crown, how long Mr Sushames could be expected to live, Mr

James said that Mr Sushames was vulnerable to every infection, and would not live his normal span. It was probable that he would live between five and 10 years. The chairman (Mr R. D. Jamieson) said the Tribunal would not require any evidence on pain and suffering. Brigadier Edward John Kendall, financial secretary of the Salvation Army, said that in December, 1969, Mr Sushames was employed as a social worker by the Salvation Army. He earned $3B a week gross, which after tax was $35.38. He lived in an Army house at a rent of $lO a week.

Since the accident, the Salvation Army had granted Mrs Sushames an amount equivalent to this and she Was still in the house. The Army would like to recover this grant from the Tribunal, although it had no legal agreement for its repayment. Mr Rabone submitted that repayment to the Salvation Army was not under the jurisdiction of the Tribunal. Mr Jamieson said that this issue would be faced by the Public Trustee. Mr Rabone said that under the act, if Mr Sushames died within the next five years, the maximum was a lesser amount of $27. As the victim of the assault did not need the money for his support, the Tribunal might use this as its measure for the amount of compensation. He would not press that very strongly, however.

On the question of making a lump sum or periodic payment, Mr Rabone said a periodic payment would be preferable. He would expect a fresh application by Mrs Sushames in the event of her husband’s death, and the Tribunal could take such tilings as funeral expenses into account then. Mr Jamieson said that the amount payable under the Workers Compensation Act had just been increased. He had made inquiries and had gathered that, as in the past, the maximum payable under the .Criminal Injuries Compensation Act would also increase. If the payment were periodic, it would automatically increase.

Compensation would be Close to the maximum permitted. A lump sum would be considered for the period between the accident and the payment of periodic compensation, he said in reply to a question from Mr Rabone.

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