50220 (27 May 2022)

The Criminal Injuries Compensation Tribunal

In the matter of an application under the Scheme of Compensation for Personal Injuries Criminally Inflicted

Decision of a Single Member

Name of applicant: [ ]

Application number: 50220

Date of incident: [ ]

Date of receipt of application: [ ]

Decision outcome: No compensation payable as the application was received after the time limit provided in Article 20 of the Scheme, and further no compensation is payable due to the failure cooperate with the Gardaí under Article 22 of the Scheme, and further a failure to give all reasonable assistance under Article 10 of the Scheme.

1. Ms. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).

2. In her application for compensation under the Scheme, received on [ ], the applicant (who was born on [ ]) outlined that she was assaulted at the home of a friend when socialising on [ ]. She describes how this named person became drunk and disorderly at 5am and threw a glass at her. This glass hit the applicant in the face and she received injuries to her lip and her teeth. She states that she went straight to [ ] Hospital. She states that she received three stitches and she still has a scar on her lower lip. She states that she will need dental treatment as two of her lower teeth are loose and her upper front tooth is chipped. She states that she will be unable to pay for the treatment until she receives compensation.

3. No medical report or dental report was submitted. The applicant claimed a taxi fee of €80 and an expense of neurofen and pain killers for a week in the sum of €35. No vouchers were supplied.

4. No Garda Report was contained in the Tribunal papers. A statement of Garda [ ] of [ ] Garda Station dated [ ] was included in the Tribunal papers. She reports that she attended at [ ] Hospital at approximately 6am on [ ] and that the applicant “appeared to be extremely intoxicated”, slurring her words as she spoke to her. She confirmed the injuries that were received by the applicant. She also confirmed that the applicant informed her that she wished to make a formal complaint in relation to the matter.

5. A further letter was supplied by An Garda Síochána dated [ ]. This letter states that the applicant has refused to make a statement or assist in the investigation and that therefore the Gardaí are not in a position to assist in this case.

6. By letter dated [ ] to the Tribunal the applicant states that she was “so damaged by the event that she was unable to deal with matters up to now”. She states that she rejected what she termed the “inappropriate comment” in Garda [ ] statement. She also stated that she confirmed that she will cooperate fully with the Garda investigation as she is “now recovered enough to deal with it”. She stated that she would contact the Tribunal again after she made her statement.

(a) Article 20 – time limit

7. Article 20 of the Scheme provides as follows:

“Applications should be made as soon as possible but, except in circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury. No applications may be accepted by the Tribunal where the event giving rise to the injury took place more than two years prior to the date of the application.”

8. As the application form was received on [ ] it was not submitted within the time permitted under the Scheme.

9. By letter dated [ ], the applicant states that she was “so damaged by the event” that she was “unable to deal with matters up to now”. There is no specific explanation for why the application form was not submitted within the three months provided for under the Scheme.

10. In the circumstances I find that there are no circumstances supplied to the Tribunal which justify exceptional treatment and I therefore do not admit the claim for consideration.

(b) Article 22 – obligation to cooperate with Gardaí

11. Article 22 of the Scheme provides as follows:

“To qualify for compensation it will be necessary to indicate to the Tribunal that the offence giving rise to injury has been the subject of criminal proceedings or that it was reported without delay to the Gardaí or to the Garda Síochána Ombudsman Commission (GSOC) in any case where the crime is alleged to have been carried out by a member of An Garda Síochána. However, the Tribunal will have discretion to dispense with this requirement where they are satisfied that all reasonable efforts were made by or on behalf of the claimant to notify the Garda Síochána or the GSOC as the case may be, of the offence and to cooperate with them.”

12. The applicant did not cooperate with the Gardaí in that she refused to make a statement. She stated that she would make a statement, but there is no confirmation that she did so.

13. I therefore find that the Applicant has not satisfied the requirement in Article 22 of the Scheme to cooperate with the Gardaí, and therefore her claim does not fall within the ambit of the Scheme.

(c) Article 10 – obligation to give all reasonable assistance to the Tribunal

14. Further, the Tribunal wrote to the applicant on [ ], seeking further information from the applicant and also confirmation by [ ] that she wished to proceed with the application. There was no response to this correspondence.

15. The applicant has not replied to correspondence in relation to her claim before the Tribunal. Therefore, I find that she has not given all reasonable assistance to the Tribunal as required under Article 10 of the Scheme.

16. I find that no compensation is payable to the applicant as she has not complied with Article 20 of the Scheme in that her application was not submitted within the time allowed by the Scheme, she has not complied with Article 22 of the Scheme in that she has not cooperated with the Gardaí, and she has not complied with Article 10 of the Scheme.

17. I therefore decline to make any award.

Elizabeth Maguire

Criminal Injuries Compensation Tribunal

27 May 2022