Publication
53281 (22 October 2019)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal
File No. 53281
Applicant: [ ]
Arising out of an incident on: [ ]
Tribunal notified: [ ]
On the [ ] at [ ], the Applicant received serious injuries to her head including facial bruising, lacerations and fractured nasal bones when she was assaulted by a [ ] with whom she had previously been in a relationship, and which is reported to have been a violent/threatening relationship. On the date in question the Applicant was seriously assaulted by the said [ ] [ ] who on that date also [ ] namely Mr. [ ]. All of the aforesaid are documented in a Garda Report of the [ ] and the said [ ] was convicted at trial on the [ ] [ ] in the [ ] where he was found guilty of [ ] [ ] and guilty of assault on the Applicant.
The Applicant has made a generalised claim herein for loss of earnings/loss of opportunity arising out of the incident, and has submitted two vouchers in respect of dental treatment dated [ ], totalling €700.
The terms of the Scheme provide at Article 21 that 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. The delay in bringing the within claim in this instance is a delay of 17 years. The Applicant has stated in her application form at page 6 that the delay was due to her being in denial of the said events and not being strong enough to be able to deal with same. Undoubtedly, in the immediate aftermath of the assault, the Applicant appears to have been receiving treatment as an inpatient at the [ ] up to the [ ] (as per her application form). The Applicant claims that she is suffering from PTSD. In her letter to the Tribunal of the [ ] the Applicant gives details of occasional work carried out by her in a restaurant, in office work (CE Scheme) and in an electronic shop, for dates unspecified since the incident. It is furthermore noted that the Applicant was in receipt of Jobseeker's Benefit throughout the period of 2009 to 2011, and 2011 to 2012, and 2012 to 2015. It appears that the Applicant since that date has been in receipt of Disability Allowance.
Overall the Tribunal is of the view that the Applicant has not demonstrated that there are circumstances to justify the extension of time for making the application, for a 17 year period in this instance, and the application is therefore refused.
Dated the 22nd day of October 2019
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