54606 (2 July 2024)

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: 54606

Date of incident: [ ]

Date of application: [ ]

Decision outcome: No award.

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

2. The application arises pursuant to an incident which occurred on the [ ]. The application form was received by the Tribunal in relation to the matter on the [ ].

3. At paragraph 2 (e) of the application form the Applicant states he suffered injuries in an unprovoked assault where himself and [ ] were assaulted by [ ] males. He states that he tried to stop a confrontation by the male assailants against [ ] which resulted in a violent attack on both of them. The Applicant was left unconscious at the scene. The Applicant further states that [ ] did not provoke the attack, a fact which he states is corroborated by the investigating officer who viewed the CCTV footage of the incident, Garda [ ].

4. The Applicant states that Gardai attended at the scene of the incident and transported the Applicant to [ ] Hospital for medical treatment.

5. The incident was reported at [ ] Garda Station and a report has been obtained in respect of the matter from An Garda Siochana.

6. The Applicant states that he has suffered permanent long-term injury to his [ ] leg. He had [ ] fractures to his tibiae bone and his shin was completely shattered. He states that surgery comprised of a metal rod being implanted from his knee to his ankle. Metals plates were also implanted to the ankle and all supporting screws and bolts inserted. The Applicant also states he suffered face, head and eye trauma to include cuts and bruising, a swollen jaw, a cut to his lip and loosening of the front [ ] tooth.

7. In an email dated the [ ] An Garda Siochana confirmed the incident occurred on the [ ], at approximately [ ] hrs. at the [ ]. Garda [ ] attended the scene shortly after the incident and was assigned as the investigating member. The incident was not witnessed by An Garda Siochana.

8. The injuries noted by the Gardai at the time of the incident record an ankle fracture for which the Applicant required surgery. Gardai further state as follows “Gardai were [ ] when motorists alerted them to an altercation at [ ]. A male, victim (1) [ ], was unconscious outside of the [ ]. Gardai found one male unresponsive. Victim 1 had visible injuries to his face and leg. He was treated at the scene by emergency first responder trained gardai and other. Male victim 2, [ ], was intoxicated and aggressive nearby and had also been involved in the row. Both victims were part of [ ], a row occurred between the victims and a number of other males inside the premises, and, this spilled outside the premises where a physical attack occurred. The suspected offenders had fled the scene. Criminal proceedings were commenced however same were struck out and no longer before the Courts”

9. No further information has bene made available to the Tribunal in the form of the CCTV footage, referred to by the Applicant, nor any explanation or statement from An Garda Siochana as to why the criminal proceedings were struck out in this case.

10. It is also noted as per the correspondence between the Tribunal secretariat and the Applicant’s legal representatives that civil proceedings were being contemplated at the date of application. In respect of this issue the Applicant’s legal representatives have stated, by email dated the [ ], “the Applicant will be taking action against the licensed premises owner in due course i.e. [ ]”. They further state “this should not interfere with our application to the Criminal Injuries Compensation Board”

11. The latter matter concerns the issue of double compensation and as advised to the Applicant it is the policy of the Tribunal to await the conclusion of civil actions which ordinarily include claims for loss of earnings and special damages to ensure that an Applicant is not doubly compensated.

12. In the instant case, however it should be noted that the standard of proof required by this Tribunal in relation to the occurrence of causative act resulting in personal injury is the same standard as required under the Civil Liabilities Acts 1961-2004. Accordingly, the evidence required to establish a civil claim to include CCTV footage of the incident has no doubt been obtained and should be furnished to the Tribunal without delay.

13. Further a full report from An Garda Siochana, rather than the e-mail document submitted, is required in order that this Tribunal could properly determine that the Applicant has met the standard of proof in this case.

14. In relation thereafter to the maintenance of a claim for loss of earnings and out of pocket expenditure it should be noted by the Applicant’s legal representatives that if the Applicant is to claim loss of earnings same must be correctly presented to the Tribunal in the form of an appropriate report. If the Applicant is self-employed, correspondence from the Applicant’s accountant should be submitted detailing the loss actually incurred by the Applicant since the date of injury. If it is the case that the Applicant wishes to maintain a claim for future loss of earnings same must also be submitted by way of an actuarial report with a supportive report from a treating medial practitioner and vocational assessor.

15. As the application is currently presented the Tribunal is not satisfied that the Applicant has met the standard of proof required to establish his claim pursuant to the terms of the Scheme and therefore no award is made at this time.

Georgina Robinson

Criminal Injuries Compensation Tribunal

2 July 2024