Publication
50898 (13 May 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
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: 50898
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is disqualified under paragraph 23 of the Scheme for failure to co-operate with the Gardaí.
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. The application for compensation under the Scheme is date-stamped by the Tribunal Secretariat on [ ] and signed by the applicant on [ ]. It states that while making a mobile phone call on [ ] in [ ] on [ ] somebody tried to take his phone from him, and they hit his head making the applicant fall. The applicant said he was hit again on the head when he was on the ground, and that he woke up in [ ] Hospital where he received treatment for serious injuries which resulted blindness to one eye.
3. The incident in this case was on [ ]. In the normal course, an application should have been made on or before [ ]. This in in application of Paragraph 21 of the Scheme in place in [ ], which reads:
“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”.
4. As the application was late, the Tribunal must consider if there are circumstances which warrant its exceptional treatment. It notes in this regard that no reasons were supplied by the applicant in this regard. However, that is not the only issue with this case.
5. The Tribunal Secretariat obtained a Garda Report into the incident. By letter of [ ] the Gardaí wrote to the Tribunal Secretariat stating that the applicant had been drunk at the time of the incident, and that there was no record of him making a complaint to the Gardaí. The Tribunal Secretariat wrote to the applicant on [ ] enclosing the Garda report, and pointing out that under paragraph 23 of the Scheme the applicant must show that all reasonable efforts were made to assist the Gardai in bringing about criminal proceedings in respect of an incident for which a claim was made. The letter asked the applicant to state why he did not make a statement in respect of the crime. However no response was received from the applicant.
6. On [ ] the Tribunal Secretariat again wrote to the applicant, enclosing the letter of [ ] and asked for response on or before [ ] if he intended to pursue his application. To date no response to that letter has been supplied.
7. It is noted that under paragraph 23 reporting the matter to the Gardaí is required ‘to qualify for compensation’, but that that criteria can be dispensed with where the applicant has made all reasonable efforts to co-operate with the Gardaí. It appears from the file that the applicant did not report the matter to the Gardaí, and the fact that he did not co-operate with them by reporting the incident or making a complaint or statement to them disqualifies him from compensation.
8. From the foregoing, while it appears that the applicant was subject to a crime of violence, he has not fulfilled the qualifying criteria of Paragraph 23 of the Scheme.
Tricia Sheehy Skeffington
Member, Criminal Injuries Compensation Tribunal
13 May 2022