Indemnisation des victimes
d'actes criminels
IVAC
1199 rue de Bleury,
Monteal, Quebec
H3C 4E1
Mr. John Allore
108 Cobblestone Dr.
Chapel Hill, NC
27516
File name: Theresa Marie Allore (Deceased)
File number: 120 192 927
Date of event: 1978-11-03
Date application received: 2004-03-24
Interested party: Ministere de la Justice
sublect: DECISION
On April 13th 1979, the body of Theresa Allore was found in a branch of the Coaticook River, near Compton. She was last seen on November 3rd 1978 and her disappearance was brought to the attention of the Police on November 10th 1978.
Section 3 a) of the Crime Victims Compensation Act (R.S.Q., ch I-6) stipulates as follows:
"A crime victim, for the purposes of this act, is any person killed or injured in Quebec:
a) by reason of the act or omission of any other person occuring in or resulting directly from the commission of an offence the description of which correspon ds to the criminal offence mentioned in the schedule to this act;".
The petitioner, a brother of Theresa Allore, claims that she was murdered. On his application for benefits he does refer to a coroner's note in the following words: "elle aurait des marques de srtangulation".
The first question is in relation to the delay for making the claim. In view of the special circumstances of the case, the undersigned is ready to assume that the petitioner made his claim within the year of his knowledge of the fact that the (Quebec) Crime Victims Compensation Act could have some application in relation to Theresa Allore's death in the Province of Quebec in November 1978. I can agree that John Allore made the claim without delay after he did succeed to convince the Surete du Quebec to review investigation.
The official police report received by the Commission do mention that the disappearance of Theresa Allore was first brought to the attention of the police. Six months later, the body was found by a North Hatley resident in the Coaticook River. She was half-naked ("un corps a moitie nu"). The identification was made later (Surete du Quebec, file 113-790413-001). The nature of the "evenement" is: "Mort suspecte".
The Commission is informed that there was indeed a reopening of the police investigation following some informations about a possible "suspect"; IF indeed the murder HYPOTHESIS had some merit. We are informed that the first part of the investigation in 1978 allowed the police to learn that the day before her disappearance, Theresa Allore was at a party with other students, that party involving the consumption of narcotics.
The police information is clear about the fact that, without a confession from THE "suspect" that he killed Theresa Allore, the CAUSE of the death of Theresa Allore would stay unknown. A sexual assault and/or a murder would stay a HYPOTHESIS, that being founded upon the conclusion of a Washington, D.C. profiler, Kim Rossmo that Theresa Allore was the victim of a serial killer.
On his application for benefits, the petitioner refers to an April 13th 1979 "Declaration du coroner" where we can read: "Suivant les informations obtenues des enqueteurs, elle (Theresa Allore) aurait des marques de strangulation". (I underline). However, the report of the autopsy made on April 14th 1979 do conclude... "adsence de trace evidente de violence traumatique sur le corps...". (Theresa Sourour, pathologiste, rapport medico-legal du 27 avril 1979, dossier: 02674 - so, the mention about those possible "marques de strangulation" was put aside as unsubstantiated the very next day and consequently, IS NOT part of the medical evidence in this file). The report and verdict of the coroner was issued on January 6th 1983. It concludes: "mort violente de nature indeterminee" and "Le deces n'est imputable a un crime de qui que ce soit, ni a la negligence de personne; aucun crime ne l'a accompagne ou precede". At the end of his report, the coroner was cautious enough to write, "Si de nouvelles informations etaient soumises et un nouveau rapport d'enqute depose, ce dossier sera repouvert pour adjudication et decision finale si des preuves pertinentes sont apportees".
Up until these days of February 2005, there was no other verdict from the coroner. The police information (got as recently as February 11th 2005 by the undersigned) received from the Surete du Quebec still concludes: "... les causes et circonstances du deces de Theresa Allore n'ont pu etre determinees et elles ne le sont toujours pas malgre le fait que ce dossier est toujours actif a notre niveau.".
The Commission concludes that it has not been shown to ITS SATISFACTION that Theresa Allore was the victim of a criminal act. There is no preponderance of probabilities (the applicable rule of eveidence) that Theresa Allore was killed (It is true that the body of Theresa Allore was found with underclothes only. That fact alone does not establish that she was murdered. Other explanations come to mind. Also, it is true that the toxicology report found no sign of drug use. That fact alone does not establish that she was murdered. The autoptsy was done in APRIL 1979!
CONSEQUENTLY, DESPITE THE SYMPATHY FOR THE PETITIONER AND ALL HIS FAMILY THE CLAIM FOR BENEFITS IS DISMISSED.
Please contact us if you need more information about this decision for any other questions. You may request a review of this decision within 30 days of recieving this letter. Your request must be made in writing and sent to the following address:
Bureau de la revision administrative IVAC/CIVISME
119 rue Bleury, 4 etage
C.P. 6056, succ. Centreville
Montreal (Quebec) H3C 4E1
You are hereby informed that the Attorney General may also request a review.
Andre Beaulieu, Lawyer
Legal department
Direction de l'IVAC
1-800-561-4822 (ex 2050)
Copy: Ministere de la Justice
posted by John Allore @ 2/19/2005 11:28:00 PM
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