51591 (6 September 2022)

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: [ ] (in relation to the deceased [ ])

Application number: #51591

Date of incident: [ ]

Date of application: [ ]

Decision outcome: Not admitted under para. 20 (previously para. 21) of the Scheme.

1. Ms. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).

2. In her application for compensation under the Scheme, signed and dated [ ], the Applicant says that she is the [ ] of [ ] who was stabbed to death in [ ]. She outlined that the deceased had [ ] dependents in the form of [ ]. A Garda statement of Garda [ ] outlined that the deceased was stabbed to death when [ ] came to his home where he was with [ ]. One of the men stabbed the deceased with a knife and fled. The deceased was taken to [ ] Hospital where he was pronounced dead. No person had been made amenable for the death and no compensation had been paid.

3. The Tribunal wrote to the Applicant by letter dated [ ] and sought further documentation. No response was received to this letter.

4. A further letter was sent to the Applicant dated [ ], asking if the Applicant still wished to pursue the application, and if so asking for the relevant documentation. No reply was received to this letter either.

5. The Scheme provides at paragraph 1 that it applies to situations where:

“the injury is directly attributable to a crime of violence…”

6. I am satisfied that the applicant has established, on the balance of probabilities, that the deceased was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence.

7. However, the Scheme provides at para. 20 (previously para. 21) as follows:

“Applications should be made as soon as possible but, except in circumstances de-termined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury.”

8. This application was made more than 3 years after the incident. I am not satisfied that the Applicant given any detail of any circumstance that justifies exceptional treatment. Therefore, the application is not admitted under this paragraph.

9. Further, the Scheme provides at paragraph 10 (previously para. 11) as follows:

“10. 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.”

10. From the foregoing lack of reply to the letter from the Tribunal, I am not satisfied that the applicant has given all reasonable assistance to the Tribunal.

11. The Applicant did not submit the Application within 3 months as required. Accordingly, I do not admit the application for consideration under the Scheme.

12. Further, the Applicant has not provided all reasonable assistance to the Tribunal in relation to the application. Therefore, no award of compensation under the Scheme would be made if the application were admitted.

Roderick Maguire

Member, Criminal Injuries Compensation Tribunal

6 September 2022