Gus Kennedy: Family of Kallaroo murder victim push for changes to Criminal Injuries Compensation Act

Siblings of murder victims would be considered for compensation under proposed amendments to the Criminal Injuries Compensation Act which are set to be discussed with the State Government. It comes after The West Australian recently reported on the tragic case of Gus Kennedy, who was murdered in 2021, and how his identical twin brother Felix had been denied access to criminal injuries compensation. Gus was 24-years-old when he was stabbed to death by his friend Nathan Cherrington in a Kallaroo home back in January 2021. In December 2022, Cherrington was sentenced to life in prison with a 17-year minimum. But the life sentence did little to help the Kennedy family’s grief, the grief they say has been compounded by the fact that Gus’ identical twin brother Felix was denied access to compensation for being a victim of crime. That’s because siblings of murder victims are not considered “close relatives” under WA’s criminal injuries compensation scheme. A close relative is defined in the legislation as “a parent, grandparent or stepparent of the victim, a spouse or a de-facto partner of the victim, or a child, grandchild or stepchild of the victim”. The flaw in the system has now prompted Gus’ family, and their lawyers at Slater and Gordon, to push for change. Gus’ parents Mick and Lisa’s criminal injuries compensation claim has been accepted. But Mr Kennedy said the decision to refuse his son any compensation was unjust and unfair. “Gus and Felix shared identical DNA. It seems unfair to us, silly even that grandparents have entitlements to compensation under the scheme, but an identical twin sibling does not,” he said. After the Kennedy family spoke out about their plight, they met with WA Commissioner for Victims of Crime Kati Kraszlan. In a statement given to The West, Ms Kraszlan said she had listened to the family’s concerns and would now take the matter up with the State Government. She said any future discussions she had with the State Government would revolve around siblings being considered eligible for criminal injuries compensation. “Any discussions I have with the Attorney General about proposed amendments to the Victims of Crime Act and the Criminal Injuries Compensation Act would include the issue of siblings being considered for eligibility,” Ms Kraszlan said. Ms Kraszlan’s comments have been welcomed by Slater and Gordon lawyer Jackson Pannam, who is acting for the Kennedy family. “We’re grateful to the Commissioner for giving the Kennedy’s an opportunity to tell their story and are pleased to learn there was some momentum to address the issue raised,” Mr Pannam said. In a statement the Kennedy family said they too were grateful for Ms Kraszlan’s remarks. “We are grateful to the Commissioner for meeting with us and listening to our concerns. We are pleased that she is interested in addressing the issues raised and look forward to changes being made,” they said.