Publication
54773 (5 July 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: #54773
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No award: Application received out of time.
[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
The Applicant claims that while he was working as a security officer in [ ] on the night of the [ ] he tried to deal with two drunken persons and in the process was sprayed with pepper, as a result of which he suffered injuries to his eyesight and to his head.
The Applicant claims that following the incident, he was brought by ambulance to [ ] Hospital but reported that as he was in pain and the doctors were busy, he got a taxi to his GP practice, [ ] Medical Centre from where he was referred onto the Emergency Department of [ ].
The matter was reported to the Gardaí in the aftermath of the incident by a member of staff. In a Garda Report dated the [ ] which was furnished to the Tribunal, the Gardaí confirmed that although the incident was reported to them, no proceedings were instituted as no suspect could be identified nor did CCTV capture the incident and, despite requests for a statement of complaint from the Applicant, no statement was forthcoming.
A report from GP [ ], dated the [ ], has been furnished to the Tribunal in support of the Applicant’s claim.
This application was received by the Tribunal on the [ ].
Paragraph 20 (formerly paragraph 21) of the Scheme states:
“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 …”
By reason of paragraph 20, this application ought to have been received by the Tribunal on or before the [ ], which was three months after the date of the incident the subject matter of the application. This application was received by the Tribunal on the [ ], which was over two years after the time permitted in normal course for receipt of applications.
It is clear from the wording of paragraph 20 that where an application is received by the Tribunal outside of the three-month time period, the Tribunal can determine if the circumstances/reasons for the delay in submitting that application justify exceptional treatment, and if so, the Tribunal may accept that application for further consideration.
The Tribunal notes that at s.2(f) of the Applicant’s application form – the provision on the application form which gives an applicant the opportunity to set out the circumstances/reasons for delay in putting in their application – the Applicant has written the following:
“We submit the 3 month period is illegal and in breach of Irish & EU Law. We also refer to the Kelly and Doyle Judgment from the Court of Appeal from December 2020 & advise that before this period the applicant could not have claimed for fair and adequate compensation & general damages.”
On the [ ] the Applicant’s legal advisors, [ ] Solicitors, wrote to the Tribunal stating that apart from the reasons set out on the application form for the delay in submitting his application, additionally, it was now claimed that other reasons for delay by the Applicant included that the Applicant had made a claim to PIAB and that upon receipt of Authorisation from PIAB, Counsel who had been briefed in the matter, had advised against issuing proceedings, as they felt that the Applicant would not succeed. [ ] Solicitors also claimed that the Applicant was not advised by the Gardaí that he could make an application to the CICT and that there was a failure to offer information by the Gardaí or any other person.
The Tribunal is bound by the terms of the Scheme. This application was received by the Tribunal over two years after the time permitted, in normal course, for submission of applications. Having carefully considered the circumstances/reasons put forth by the Applicant and/or his legal advisors for the late submission of this application, the Tribunal determines that the circumstances/reasons as provided, do not justify exceptional treatment of this application, therefore this application is refused for further consideration.
As this application was received out of time and as the circumstances/reasons given to the Tribunal for the delay in putting in the late application, do not, in the Tribunal’s view justify exceptional treatment, this application is considered ineligible for further consideration. Accordingly, the Tribunal makes no award.
No award
Nora Pat Stewart
Dated: 5 July 2022