Publication
54502 (20 April 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: 54502
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under paragraph 21 of the Scheme
1. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In his application for compensation under the Scheme, received by the Tribunal on the [ ], the Applicant states that he had suffered injuries as a result of an alleged assault said to have occurred on the [ ]. The Applicant recounts embarking on a search of the [ ] which was missing from his home. The Applicant states that between the hours of 10.30pm-11pm while conducting the search he was attacked by [ ]. He states that following this initial incident he was attacked by a further group of males who [ ]. The applicant states he was beaten and kicked while on the ground. The Applicant went to his [ ] for help and recalls being transferred to [ ].
3. The Applicant states that he attempted to make an initial statement to An Garda Siochana on the same evening as the incident following his discharge from hospital. A full statement was later given to An Garda Siochana on the [ ] of [ ]. The Applicant states that he made a number of attempts to contact An Garda Siochana to arrange to give a formal statement. He also alleges that Gardai refused to take a statement of complaint from him on the evening of the incident. An Garda Siochana state that on the evening of the alleged assault Gardai received a call to attend at [ ] as a male had been assaulted. Having attended on the Applicant An Garda Siochana report that the Applicant recounted being kicked and punched by a number of males in [ ]. An Garda Siochana state that [ ] would not provide a statement of complaint to Gardai on that evening and the investigating Garda made a number of attempts to obtain such a statement but to no avail. Gardai state it is their belief that [ ] was withholding information regarding the identities of the assailants and when he gave a formal statement on the [ ] (almost three months post incident) he did not identify the alleged assailants save as providing a description of the [ ] in issue as [ ] with [ ] and the driver of same as a male with [ ]. CCTV footage was obtained however this footage did not capture any assault occurring. An Garda Siochana state the footage sourced revealed an altercation between the Applicant and a number of [ ] outside a [ ] at [ ] at the time of the alleged assault. [ ] disputes An Garda Siochana’s version of events. In relation to the making of a statement he states that he attempted to contact the gardai by telephone on [ ]. He states that as he believed his complaint was not being dealt with he contacted a number of external sources to include a local TD and the Victims Office in [ ]. He states that following his contact with the latter office Gardai arranged to take a formal statement. It is not a matter for this Tribunal to resolve any conflict of evidence between the Applicant and An Garda Siochana in relation to the making of a formal statement of complaint save as to note that a dispute exists. This Tribunal is however required to consider the timeline (which is not in dispute) between the date of the alleged assault and the receipt of an application to this tribunal. That timeline can be seen as follows:
[ ] – Applicant reports being assaulted in [ ] and An Garda Siochana report attending at [ ] to speak with the Applicant.
[ ] – Applicant emails a local TD requesting his assistance.
[ ] – Applicant contacts [ ] Victims Service of An Garda Siochana by email.
[ ] – Applicant contacts the [ ] in [ ] seeking assistance.
[ ] – Correspondence acknowledged as received by the Superintendents Office in [ ] from [ ].
[ ] – Applicant contacts the diversity division of An Garda Siochana via email.
[ ] – An Garda Siochana victims service respond to [ ] advising of Victims of Crime services and confirming they would contact [ ] Gardai to arrange for the making of a formal statement.
[ ] - An Garda Siochana victims service emailed [ ] advising that they had been attempting to contact him on his mobile which appeared to be powered off and advising they had made arrangements for him to meet with [ ] Gardai on the [ ].
[ ] – Emails are exchanged between the Applicant and [ ] Gardai resulting in an arrangement to meet on the [ ] of [ ].
[ ] – A formal statement of complaint is taken.
[ ] – An application form is received by the CICT.
4. Paragraph 21 (now paragraph 20) of the Scheme requires “applications be made as soon as possible but, except in circumstances determined by the Tribunal to justify exceptional treatment, no later than three months after the event giving rise to the injury”. The application in this case was not submitted until the [ ] of [ ], a period in excess of three months post the date of the incident giving rise to the injuries complained of.
In accordance with the Scheme this Tribunal is therefore required to determine whether the circumstances of this late application justify its exceptional treatment.
In respect of the late submission of this application the Applicant was specifically requested to outline the reasons for the late submission of same. This response is requested at paragraph 2 subparagraph (f) of the application form.
The Applicant responded to this section with a narrative as to his statement not being taken by Gardai at [ ] Garda Station on the [ ]. He also states in response to this question that he made [ ] unsuccessful attempts to contact Gardai in order to make arrangements to give a statement. He then states he contacted the Victims Office of An Garda Siochana who made arrangements for him to give this statement (we know this contact was made on the [ ] via email and a response received on the [ ] ). The Applicant further responds to this section that he sent a letter of complaint to the Superintendent’s Office (received on the [ ] ). He goes on to state his disappointment with criminal law proceedings in Ireland and expresses his distrust as to whether an investigation into the incident will be performed well. Finally, he confirms he gave a full report to An Garda Siochana on the [ ].
I have considered the Applicant’s responses to Section 2 (f) of the application and I find that none of the responses as outlined would justify in my view an extension of time being granted to the Applicant in order to admit this late application. In particular I note that the Applicant was not incapacitated such as would render him incapable of making an application to this Tribunal within the three month period allowed (on or prior to the [ ] of [ ] ). This is evident from the Applicant’s own submissions and correspondence appended to his application where it is evident that he was in contact with a number of external offices in relation to this incident at various dates ranging from the [ ] to the [ ] when he made his formal statement.
The Applicant does not specifically address why he did not make an application to this Scheme within the three-month period allowed and it is noted that the Applicant was provided with contact details for victim support services by way of correspondence from the Victims Office of An Garda Siochana on the [ ].
The Applicant has submitted no supportive medical evidence which would justify an extension of time for the making of this late application.
The Applicant has also submitted throughout the application an outline of his reasoning for the delay in providing a formal statement to An Garda Siochana. I have considered the reasoning and any effect same may have had upon the late submission of this application.
I have therefore considered the Applicant’s submissions in respect of paragraph 21 of the Scheme and I have also considered the material in its entirety as put before this Tribunal.
Having considered all such matters, I do not find sufficient grounds such as would require the Tribunal to exercise its discretion to extend time to admit this late application. Accordingly, I dismiss the Applicant’s claim. I am therefore not required to proceed to make any finding in respect of the further eligibility or otherwise of this application.
Georgina Robinson, Criminal Injuries Compensation Tribunal
20 April 2022