53131 (23 March 2024)

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: 53131

Date of incident: [ ]

Date of application: [ ]

Decision outcome: Dismissed

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

2. The applicant alleges that on [ ] he was assaulted by Gardai [ ].

3. It is understood that the applicant complained to the Garda Ombudsman and Minister for Justice. The applicant did not receive any favourable outcomes to these complaints.

4. The applicant has not provided the Tribunal with any medical report. It is unclear what alleged injuries the applicant that the applicant sustained. He alleges that he sustained bruises, concussion and a brain injury. He was treated in [ ] Hospital.

5. The applicant has not put forward any vouched claim in respect of any out-of-pocket expenses alleged incurred.

6. Further, the Tribunal only has the power to award compensation for out-of-pocket expenses incurred as a result of personal injuries arising out of a crime of violence. The Tribunal has no power to make awards in respect of damaged or stolen property such as the alleged theft of the applicant’s € [ ].

Late application

7. The application was received almost twelve and a half years after the date of the incident. Paragraph 21 of the (pre-April 2021) Scheme states that “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”.

8. The applicant maintains that the delay was caused because he does not speak or write English. He also stated that the Gardai “threatened him if he complained to you”.

9. It is noted that, while the applicant undoubtedly is not fluent in English, he was able to issue complaints and correspond with the Garda Ombudsman and Minister for Justice. The Tribunal finds that while language difficulties might hinder him in finalising his application, language difficulties would not hinder him in making the application and stopping time. The Tribunal does not accept that the forgoing reason could reasonably have caused a [ ] delay.

10. The applicant has not provided any evidence whatsoever to the Tribunal to support an allegation that the Gardai threatened him not to make an application. The first and only mention of a threat not to pursue an application to the Tribunal appears in the applicant form.

11. The [ ] delay in this application is extreme and unacceptable. For the reasons outlined above, the Tribunal finds that the reasons proffered by the applicant do not justify exceptional treatment.

12. The Tribunal refuses to admit this late application to the Scheme.

13. Further, even in the event that the Tribunal was in a position to find that the applicant had provided reasons which justified exceptional treatment, the Tribunal would not have been able to make any award to the applicant in circumstances where he has not presented any vouched claim in respect of the alleged out-of-pocket expenses incurred. Further as noted at paragraph 6 above, the Tribunal has no power to make awards in respect of damaged or stolen property such as the alleged theft of the applicant’s [ ]. The Tribunal also has no power to make any award in respect of pain and suffering that the applicant endured as a consequence of the alleged incident.

David Culleton

Member of the Criminal Injuries Compensation Tribunal

23 March 2024