Publication
51409 (21 August 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: 51409
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused pursuant to paragraph 11 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, submitted on the [ ], the Applicant said that on the [ ], he was assaulted at [ ].
3. There is a Garda Report on file dated the [ ]. It states that the Applicant was given the relevant guidance about the Criminal Injuries Scheme, by two members of the Garda Síochána, while he was in hospital as he enquired about same. The incident was not witnessed by the Gardaí. The Applicant received injuries to his head, left upper limb, elbow and right hand. The Applicant was sitting at home on the evening in question when a group of men armed with hats and baseball caps came to his house to assault him. One person was arrested and charged. He received a [ ]-year term of imprisonment. No compensation was paid.
4. The Applicant has not submitted any vouching for out-of-pocket expenses or loss of earnings.
6. The Applicant’s application was not brought within the required three-month timeframe for bringing applications. His application was submitted over two years after the incident. His reason for failing to submit the application within the required time frame was that he said the Gardaí told him he could not make the application until the case had concluded. The Garda report, however, states that two members of the Gardaí told the Applicant about the scheme, at his own request, while he was in hospital.
7. However, the Applicant has produced a medical report dated the [ ], which states that he attended the GP surgery in [ ]. He was jittery, anxious and was suffering from flashbacks. He was referred to a psychiatric team in [ ]. He was diagnosed with depression and PTSD type reaction. While the Applicant has not submitted a psychiatric report, the said report from Dr [ ], expressly refers to the psychiatric diagnosis.
8. Given the fact that the Applicant submitted a medical report in this respect, to suggest that he was suffering from PTSD and this was diagnosed by a psychiatrist, the Tribunal finds that the Applicant has provided exceptional circumstances in which the time limit under paragraph 21 can be extended.
9. The Applicant claims to have been the victim of crime of violence on the [ ].
10. It is accepted on the balance of probabilities that he was the victim of a crime of violence, given the fact that the offender was brought before the Courts and given a [ ] year sentence.
11. The Applicant has failed to provide the Tribunal with any clear evidence of vouched out- of- pocket expenses which occurred as a result of the criminal act.
12. A letter was sent to the Applicant’s Solicitors, [ ] & Partners on the [ ], seeking further information in relation to out-of-pocket expenses. On the [ ] from his client. A further letter on the same date stated that the Applicant’s injuries had not fully settled, and they were in the process of getting a medical report. Furthermore, it was said that the Applicant had not been working so there were no loss of earnings. There was no further update in the intervening years.
13. A further letter was sent to [ ] & Partner on the [ ], asking if the Applicant wished to continue his claim and seeking further information in relation to out-of-pocket expenses. Mr [ ] responded on the [ ], and stated that they had ceased acting for the Applicant in [ ], but that he sent a copy of the letter dated the [ ], to him. The Tribunal has not heard anything further from the Applicant.
14. Paragraph 11 of the original scheme states that ‘No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance, in relation to any medical report that it may require, and otherwise’.
15. The Applicant, in this case, has, unfortunately, not provided reasonable assistance to the Tribunal in terms of submitting clear vouching information in relation to out-of-pocket expenses. In the circumstances, the Tribunal finds that no compensation is allowable in relation to these matters.
Majella Twomey
Criminal Injuries Compensation Tribunal
21 August 2022