Publication
51140 (20 December 2020)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
File Reference - 51140
Application of [ ]
Date of incident - [ ]
Date application lodged with the Tribunal: [ ]
The Applicant, [ ], was assaulted [ ] on the [ ] [ ].
The Applicant outlined that [ ] and kicked him around the head and the face. [ ] was dealt with at [ ] on the [ ] [ ] when he pleaded guilty to various charges. He paid [ ] compensation to the Applicant for the injuries he had sustained. He received an [ ] and was ordered to do a [ ] [ ].
There were Section 2, 4 and 6 charges against [ ] for allegedly assaulting [ ] on the same occasion and these were dealt with in the District Court on [ ] when all charges were withdrawn by the State on the instructions of Mr. [ ].
The incident happened on the [ ]. The Applicant lodged his application with the Tribunal on the [ ]. Article 21 of the Scheme for compensation for injuries criminally inflicted states "application 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." The Applicant's application was lodged outside of the three-month time limit provided for under the Scheme.
In the application form, the Applicant has stated, at 2.f., the following reasons for the delay in lodging the application: "because I was waiting for the Gardaí to take the second statement and because of the serious problems I have had with my eye injury, I overlooked lodging the application within three months".
The Tribunal now turns to consider both reasons.
1. Second Statement
It is noted by the Tribunal that Mr. [ ], on the [ ], within two days of the attack on him, gave a statement to Garda [ ] [ ]. That statement runs to four pages and is quite detailed as to the fact that [ ] for no reason assaulted him on that night. He also outlined that his [ ] was operated on "yesterday the [ ] " and that it was still too early to tell the results of the operation. The question that the Tribunal must determine is whether the taking of a second statement by the member of An Garda Síochána is a circumstance justifying exceptional treatment. The Applicant was well in a position to give a statement about the attack within two days of the incident. That statement was very detailed in relation to the night in question and the fact that he was attacked. No second statement has been included in the papers, but it is very obvious from the only statement that has been furnished that the Applicant was attacked by what he says were [ ] and that as a result of that, he was the victim of a criminal assault. This is borne out by the subsequent actions of [ ] in pleading guilty to assault. The Tribunal has never accepted that awaiting the outcome of a Garda investigation is a circumstance justifying exceptional treatment and on that basis the Tribunal does not accept this as a circumstance in this application justifying exceptional treatment.
2.
The second ground tendered by the Applicant is the serious problems "I have had with my eye injury". The Applicant suffered a serious eye injury in the attack. This was overlaid in circumstances where he had previously undergone a [ ]. The assault resulted in the [ ] [ ]. He required surgery to [ ] [ ]. Mr [ ] [ ] [ ] [ ] [ ], in various reports and correspondence with the Solicitors for the Applicant, details the complications of both the Applicant's [ ]. In his letter of the [ ] he states that the Applicant underwent a [ ]. He was injured in the assault on the [ ] which caused a [ ] [ ] and [ ] eye. He needed emergency surgery [ ] and [ ]. On that relevant, he subsequently went on to develop a [ ] [ ] due to the contact lens wear in [ ]. Unfortunately, nowhere in the reports is there an objective medical opinion detailing that the Applicant was unable to lodge the application form within the period of three months as provided for under the terms of the scheme because of the injuries suffered in the assault. To the contrary the Applicant clearly was in a position to give a statement to An Garda Síochána within a period of two days of the incident in question. By that stage he had underwent the emergency surgery, which had been performed 24 hours earlier. He was able to give his statement (which is quite comprehensive) to An Garda Síochána. There is therefore also no circumstance in this submission before the Tribunal sufficient to justify exceptional treatment.
The Tribunal accepts that the Applicant had a torrid time as a result of what occurred here which has been overlaid on a very complex medical condition, but unfortunately is bound by the terms of the Scheme and accordingly the application is dismissed under Article 21.
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20 December 2020