F/53443 (16 March 2023)

Scheme of Compensation for Personal Injuries Criminally Inflicted

Decision of one member of the Tribunal pursuant to section 25 of the Scheme

Applicant: [ ]

Deceased: [ ]

Date of incident: [ ]

Date of application: [ ]

Case reference: F/53443

Decision: Pursuant to Article 21, the application is refused.

1. [ ] (“the applicant”) has made a claim to the Criminal Injuries Compensation Tribunal (“the Tribunal”) for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”) on her own behalf as the dependent of her late father, [ ] (“the victim”) who was fatally injured while [ ].
2. The application form was signed by the applicant on [ ] and submitted to the Tribunal under cover of letter from her solicitor dated [ ]. The application form was stamped as received by the Tribunal on [ ].
3. In her application, the applicant stated that her father was killed in the [ ] and died at the scene. The applicant stated that, at the time of the application, a file was being prepared for the DPP in respect of this matter.
4. The applicant has not submitted any vouching documentation in respect to any expenses which arose as a result of the deceased’s death.
5. In support of her application, the applicant submitted her birth certificate and the certificate of divorce of her parents.
6. On [ ], the secretariat of the Tribunal wrote to the applicant’s solicitor asking if the applicant wished to pursue her claim, and, if so to submit any outstanding documentation sought, including receipts to vouch her claim for compensation for out-of-pocket expenses. The applicant was informed that, in absence of same, her file would be sent to a Member of the Tribunal for determination.

7. I am satisfied that the deceased was a victim of a crime of violence within the meaning of the Scheme. I am also satisfied that the death of the victim arose as a direct consequence of that crime. I am satisfied that the matter was reported the matter to An Garda Síochána promptly.

8. The Scheme provides at para. 3 that: “The Tribunal will consider claims for compensation made by or on behalf of….(d) where the victim has dies otherwise than as a result of the injury, any dependent of the victim.”

9. I am satisfied that the applicant the daughter deceased victim, and brings the application on her own behalf, and on her mother, [ ] of the victim.

10. Article 21 of the scheme which was in place at the time of the application 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. In the case of an injury arising out of an event which took place before the commencement of the Scheme, the application must be made not later than three months from the date of the commencement (subject, also, to the foregoing exception)".

11. In her application, the applicant stated that the victim was [ ]. Pursuant to Article 21 of the Scheme, the applicant should have been submitted to the Tribunal before [ ].

12. The applicant signed the application form on [ ], but it was not submitted to the Tribunal by her legal representative until [ ].

13. Neither the applicant nor her legal representative provided any evidence to the Tribunal to explain why the application was submitted outside of the required time period. There is no evidence before the Tribunal to show that circumstances exist to justify exceptional treatment.

14. Therefore, while being sympathetic to the applicant and the victim’s dependents, no award of compensation will be granted, and accordingly the application is refused.

Peter Stafford BL

Member, Criminal Injuries Compensation Tribunal

16 March 2023