Foilsiú
51682 (3 October 2022)
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
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: #51682
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Application refused under 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 under the Scheme, the applicant stated that he had suffered injuries at his place of work, namely, [ ], as a result of being the victim of an assault.
3. A report from An Garda Síochána, dated [ ], was on file. The report described how the applicant had refused to serve alcohol to a named offender on the grounds that, owing to his previous unruly behaviour, he was barred from the premises. The offender attempted to go behind the bar and was prevented from doing so by the applicant. the applicant was pushed or punched by the offender and ended up on the ground. The Report confirmed but CCTV showed the incident which resulted with the applicant, as a result of the offender’s actions, ‘being sent flying to the ground.’ The Report further confirmed that, as a result of the incident, the applicant sustained two fractures to his left wrist and ligament/ tendon damage to his right knee and lower leg. it was confirmed that the offender had been charged to appear before a court in relation to the incident. The file did not contain any information in relation to the conclusion of the criminal proceedings against the offender.
4. The applicant stated that, as a result of his injuries, he was required to attend as an out-patient for treatment. hard to employ a barman to cover his shifts and another person to collect provisions from the wholesalers once a week. The applicant estimated that he had sustained a material loss of approximately €3,375 in addition to travelling expenses and physio treatment as a result of the assault upon him.
5. The Tribunal entered into correspondence with the applicant’s solicitors following receipt of the application for compensation. On [ ], the Tribunal, referring to previous correspondence dated [ ], asked the applicant’s solicitors to confirm in writing if the applicant wished to continue to pursue his application to the Tribunal. In response, in an email dated [ ], the applicants solicitors confirmed that they had had no contact from the applicant in a number of years and had no current contact information for him.
6. Paragraph 21 of the Scheme provides as follows:
‘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…’
7. Thus, to comply with the time limit set out in paragraph 21, the application would have needed to have been lodged with the Tribunal no later than by [ ]. In the event, the application was submitted to the Tribunal on [ ]. Accordingly, the Tribunal admitted the application for consideration under the Scheme.
8. The Tribunal was satisfied, on the evidence presented, that the applicant had sustained personal injury as the result of the subject incident which was directly attributable to a crime of violence.
9. Paragraph 11 of the Scheme provides, ‘No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance...’
10. The application form, signed by the applicant, confirmed his acceptance, under Part 8(e) of the application form, that he would provide all reasonable assistance to the Tribunal in the progression of his claim under the Scheme.
11. Having reviewed the correspondence, the Tribunal is satisfied, on the basis of the above, that the applicant has failed to comply with the duty imposed upon him pursuant to paragraph 11 of the Scheme and that, as a result, no compensation can be paid in respect of this application.
12. NA.
13. Nil. Application refused under paragraph 11 of the Scheme.
Conor Heaney
Chairperson, Criminal Injuries Compensation Tribunal
3 October 2022