Foilsiú
50739 (13 May 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.
Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of one member of the Tribunal pursuant to section 25 of the Scheme
Applicant: [ ]
Date of injury: [ ]
Date of application: [ ]
Case reference: 50739
Decision: The application is refused.
1. By way of application form dated [ ] and marked as received by the Tribunal on [ ], the applicant applied to the Tribunal for compensation for expenses incurred from any injury arising from a crime of violence which took place on [ ] in the [ ] and [ ].
2. The applicant’s legal representative stated in the application on behalf of the applicant that the applicant was acting in the course of his employment as [ ] employed [ ] when he was injured.
3. At around [ ] on the date the injury occurred, the applicant was instructed to the scene of a [ ] at the [ ]. The applicant has little memory of the events in question but believes he was informed by colleagues that there were [ ] on the [ ] and was asked to [ ].
4. The applicant’s application form states that, to the best of the applicant’s recollection, a number of [ ], and [ ] struck the applicant causing him severe injury. The applicant [ ].
5. The applicant suffered multiple injuries including [ ] and [ ]. The applicant suffered fractures of [ ] and [ ]. He suffered a fracture to his [ ] and damage to his [ ], particularly his [ ].
6. The applicant was initially admitted to [ ] hospital in [ ] and subsequently transferred to the [ ] Hospital in [ ]. He was returned to [ ] and subsequently referred to [ ] Hospital in [ ] before being referred to the [ ] in [ ].
7. In a cover letter to the Tribunal dated [ ], the legal representative for the applicant stated that High Court proceedings would be likely to be brought against [ ], the [ ] working [ ] at the scene where the applicant was working. The applicant’s legal advisors suggested that it was also possible that the injuries were sustained as a result of criminal activity by [ ] who had unlawfully entered [ ].
8. The Tribunal has had the benefit of a Garda Report of Superintendent [ ] of [ ]. In his Report, Superintendent [ ] stated that the applicant received serious injuries when [ ].
9. Gardai were called immediately following the incident, and Detective Garda [ ] of [ ] Garda Station [ ] was appointed to investigate the [ ] [ ].
10. The Garda Report states that, on occasions during [ ], [ ] had entered the [ ] where the [ ] was taking place, and when such [ ] occurred, [ ] was halted and Gardai were called. At approximately [ ] on the day in question, [ ] was taking place, and a [ ] the applicant causing him serious injury. The Garda Report states that the applicant was [ ].
11. No proceedings were taken in this case. An investigation file was prepared and forwarded to the Director of Public Prosecutions by An Garda Siochana to which no proceedings were recommended [ ].
12. The applicant has not provided any vouched or other documents setting out any out-of-pocket expenses, or loss of earnings, arising from his injuries.
13. The following documents were furnished to the Tribunal Member for determination:
a. Completed application form;
b. Correspondence between the secretariat of the Tribunal and An Garda Siochana, and Garda Report dated [ ];
c. Correspondence between the secretariat of the Tribunal and the applicant’s legal representatives including letter from the applicant’s solicitor dated [ ] referencing potential future civil litigation.
14. Paragraph 1 of the Scheme states that the Tribunal “may pay ex gratia compensation in accordance with this Scheme in respect of personal injury where the injury is directly attributable to a crime of violence.”
15. There is no information before the Tribunal to suggest that the significant and life-changing injuries sustained by the applicant were in any way directly attributable to a crime of violence.
16. The applicant and his legal advisors have not provided any evidence to link the [ ] on the [ ] with the [ ] the applicant causing the injuries described.
17. Further, there is no information before the Tribunal on whether criminal or civil proceedings were brought against any persons, and the outcome of any such case, upon which it can be determined that the applicant was a victim of a crime of violence.
18. While it is accepted that the applicant was the unfortunate victim of an accident which caused him severe injuries, pursuant to Paragraph 1 of the Scheme, the application is refused.
Peter Stafford BL
13 May 2022