53133 (29 March 2023)

The Criminal Injuries Compensation Tribunal

In the matter of an application under the Scheme (1) of Compensation for Personal Injuries Criminally Inflicted

Decision of a Single Member

(1) The Scheme in being at the time of the application.

Name of applicant: [ ]

Application number: #53133

Date of incident: [ ]

Date of receipt of application: [ ]

Decision outcome: No award

[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).

The Applicant’s claim is that he was assaulted in [ ] on [ ] when he was hit on the back of the head with a [ ] and as he lay on the ground, his assailant repeatedly struck him. The Applicant claims that he sustained brain injury as well as a broken nose, eye socket and jaw which resulted in three steel plates being inserted into his face. The Applicant further claims that he is now partially blind (loss of 80% vision in his [ ]) as a result of this assault.

The Applicant’s claim is that he required in-patient hospital treatment from [ ] for his injuries and that he was treated at [ ] Hospital, the [ ] Hospital, [ ] Hospital, as well as by his own doctors and dentist in [ ].

The assault, which the Applicant claims was witnessed by many, was reported to the Gardaí at [ ] Garda Station, [ ]. The Applicant has advised the Tribunal that as his assailant died [ ] since the assault no criminal proceedings were instituted.

The Applicant is claiming medical expenses, including compensation to get his teeth repaired and further medical treatment. The Applicant claims that he was/is dependent on his girlfriend to help him understand issues, that they felt that he had not been properly medical assessed and the full extent of his injuries remain undiagnosed. The Applicant also claims that as he was/is unemployed, he could not afford spectacles and would provide the Tribunal with estimated costs for same as part of his claim.

This application was submitted on the Applicant’s behalf by his solicitor [ ] Solicitors, [ ] and received by the Tribunal received on [ ], which was [ ] after the incident the subject matter of the application.

Paragraph 21 of the Scheme states:

“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…”

It is clear from Paragraph 21 that where an application is submitted beyond three months after the incident the subject matter of the application, the Tribunal is entitled to consider the circumstances which gave rise to the delay in submitting that application, and where it deems such circumstances justify exceptional treatment, the Tribunal may accept that application for further consideration.

Section 2 (f) of the application form provides an opportunity for applicants to set out the reasons for delay, if any, in submitting their application. In the instant case, at s 2 (f), it states: “the applicant suffered a brain injury as a result of the assault. He has been diagnosed with [ ]. He suffers from learning difficulties. In this assault he suffered serious injuries to include brain injury, and this would have affected his understanding and ability to make an application. He suffers from memory loss, mood swings, anger management issues.”

Upon receipt of this application the Tribunal wrote to the Applicant’s legal advisors on [ ] and set out the information it required in order to process and consider the application. The said letter was resent on [ ]. No response was received.

Most recently, on [ ] the Tribunal wrote to the Applicant’s legal advisors and stated that if the Applicant wished to pursue his claim, to inform the Tribunal as such by [ ]. No response was forthcoming.

Paragraph 11 of the Scheme states:

“No compensation will be paid to an applicant who has not, in the opinion of the Tribunal given the Tribunal all reasonable assistance in relation to any medical report that it may require or otherwise.”

Also, pursuant to paragraph 26 of the Scheme, it is for an applicant to establish their claim.

In the opinion of the Tribunal, it is not necessary to assess the issue of delay in submitting this application and whether the reasons for that delay warrant exceptional treatment of the application, as the Applicant has not cooperated with the Tribunal in providing it with all reasonable assistance so that it can consider his application, as required by paragraph 11 of the Scheme. In consequence, the Applicant has not established his claim, as required pursuant to paragraph 26 of the Scheme. Accordingly, no compensation can be paid, and no further consideration of this application is required.

No award

Nora Pat Stewart

29 March 2023