Publication
53352 (29 December 2020)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Scheme of Compensation for Personal Injuries Criminally Inflicted
File ref: 53352
Applicant: [ ]
Date of Incident: [ ]
Application form received by Tribunal: [ ]
Solicitor: [ ]
The Applicant has made application under the Scheme arising out of an incident occurring outside his home at [ ] on [ ]. Garda Reports, dated [ ] and [ ] are available and outline the following:
On the said date the Gardaí were made aware of an assault following notification from [ ] had removed the injured party to [ ] where he was being treated for an injury to his face.
The Gardaí attended at [ ] and met with the Applicant, who was continuing to bleed from a wound to his right cheek. The Applicant informed the Gardaí that he was outside the front of his home, when he struck up a conversation with a male about a [ ]. The Applicant stated that as he knelt down to examine part of the [ ], the male pulled a knife and from behind him went to slice him, causing the injury to his face. The Applicant stated that he jumped up and ran away from his house and the offending male left the scene. The Applicant also informed the Gardaí that the offender had stolen the Applicant's mobile phone.
The Gardaí invited the Applicant to make a statement of complaint in order to progress any Garda investigation, which the Applicant declined to do.
No person has been held accountable for the injury caused to the Applicant and no compensation has been paid.
The investigating Officer had further dealings with the Applicant as his threat manager from [ ] until the threat management was closed on [ ]. In this regard there is also a Garda information Message document dated [ ], stating that information in the possession of An Garda Síochána indicates that the Applicant's life may be under threat.
The Applicant has 9 criminal convictions, all related to road traffic matters, including driving while disqualified and 2 offences of driving without insurance. These were dealt with respectively on [ ] - Court [ ] Circuit Court and [ ] Court.
The within application has been made outside the 3 month time limit prescribed for making application and no explanation for same has been furnished by the Applicant on his application form. A Tribunal note indicates the Applicant called to the Tribunal office on [ ] and requested a form and filled it in. The Applicant had phoned in April and said that he had returned a form, however the Tribunal had no record of this and so sent him another form, The Applicant said he did not receive it.
A solicitor's letter of [ ] on behalf of the Applicant sets out that the Applicant did not make a statement to the Gardaí as he was fearful of a further attack and he did not know the identity of his attacker so could not be of assistance to the Gardaí.
The first matter to highlight here is that the Applicant has not furnished any documentation to substantiate any claim for out of pocket expenses, therefore no claim has been made out.
Quite apart from this, the application is out of time with no explanation by the Applicant for the delay. The Applicant has not cooperated with the Gardaí regarding any investigation, and in this regard threat management and the identity of his attacker would be matters for any investigation to be carried out. The Applicant has criminal convictions for serious road traffic offences (one recorded after the incident giving rise to the within application of driving whilst disqualified and of having no insurance. In this regard the Tribunal is of the view that the provisions of Article 14 of the Scheme apply.
For these reasons the application is refused.
Dated the 29 day of December 2020
Signed [ ]