Publication
53975 (24 June 2020)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
File Reference: 53975
Application of [ ]
Date of incident: [ ]
The Applicant, [ ] received injuries as a result of an incident which happened on the [ ] at [ ]. The Tribunal received the application on the [ ], two months outside the time allowed for making such applications. The Applicant's reason for the delay was that he was awaiting the outcome of the Garda Investigation and there was a delay in receiving a copy of his statement to the Gardaí from the Garda Station.
The Applicant suffered a blow to his face which resulted in a broken tooth.
The Garda report of the matter states "on Sunday morning he [ ] at 02:57 a scuffle took place on the [ ] in [ ] between a small group of males. The Applicant and his friends were in [ ] for a [ ]. The Applicant and his friend were assaulted during the scuffle. It is believed that [ ] [ ] was assaulted when he came between his friend and the assailant. Mr [ ] stated [ ]. Both Garda [ ] and [ ] viewed the CCTV footage but it does not show who assaulted him and is inconclusive.
It has always been the view of the Tribunal that the delay in obtaining documents from An Garda Síochána is not grounds for justifying exceptional treatment as provided for under Article 21 of the Scheme. Article 21 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". No other grounds have been proffered to justify exceptional treatment.
The Applicant is out of time and accordingly the application is dismissed.
[ ]
[ ]
24 June 2020