Foilsiú
54685 (20 January 2023)
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 (1) of Compensation for Personal Injuries Criminally Inflicted
Decision of a Single Member
(1) The Scheme in being at the time the application was received by the Tribunal.
Name of applicant: [ ]
Application number: #54685
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No award, by reason of delay in submission of application.
[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
The Applicant’s claim is that she was assaulted in or around the [ ] on the evening of [ ]. As the Applicant waited for a bus, two females, on the pretence of asking for a cigarette, attempted to steal her bag, and in the process of taking her purse from her bag, assaulted the Applicant by punching her in the head and pulling her hair. A member of the public, who witnessed the incident, gave chase and recovered the Applicant’s purse. As a result of this incident and assault the Applicant’s claim is that she suffered cuts and bruises as well as shock, stress, panic attacks and depression.
The Applicant reported the incident to the Gardaí minutes after the attack. In a Garda Report dated [ ], received by the Tribunal from [ ] Garda Station, the Gardaí confirmed that the perpetrator, having entered a guilty plea to the offence of robbery of the Applicant, was due before the Court on [ ] for the matter to be finalised, but had failed to show and a Bench Warrant had issued for her arrest. The Garda also confirmed that the perpetrator had paid the Applicant €200 in compensation.
The Applicant claims that she attended GP Dr [ ] of [ ] Medical Centre, [ ], and GP Dr [ ], practising at [ ] as well as Psychotherapist [ ], for treatment for the injuries she suffered arising from the incident.
At the time of submitting her application the Applicant claimed that she continued to suffer from trauma and stress, on-going depression and panic attacks, and also, that she had developed Irritable Bowel Syndrome (IBS) as a result of the incident.
The Applicant’s compensation claim to the Tribunal is for out-of-pocket expenses, including medical expenses arising on foot of the incident. No claim has been made for loss of earnings. The Applicant’s claim was received by the Tribunal on [ ].
The Tribunal accepts that the Applicant was the victim of a crime of violence on [ ] and suffered personal injuries directly attributable to that crime of violence (thereby satisfying paragraph 1 of the Scheme). The incident was reported to the Gardaí immediately following the attack upon the Applicant (thereby satisfying paragraph 23 of the Scheme). However, the Applicant delayed in submitting her application. As the incident, the subject matter of the application occurred on [ ], this application ought to have been received, in normal course, on or before [ ]: it was received by the Tribunal some weeks after that, on [ ].
Paragraph 21 of the 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 …”
It is clear from paragraph 21 that the Tribunal is not completely bound by the prescribed three-month period for receipt of applications. Where the Tribunal finds that circumstances for the delay in submitting an application exist in a particular case such as to justify exceptional treatment of that application, it can deem it eligible for further consideration.
The Scheme’s application form assists applicant in that regard, in that, at section 2 (f) it provides an applicant with the opportunity to state the reasons for late submission of their application, where there has been a delay in furnishing same to the Tribunal. In the instant case, at s. 2 (f), the Applicant has stated:
“My application is delayed due to COVID-19. One of my house mates had C-19 and I had to self-isolate. I attached a copy letter from my employer.”
The Tribunal notes that the said letter, which is undated, from [ ] ([ ]), confirms that the Applicant, who is employed by [ ] on a full time basis as a [ ] in their [ ] [ ] at the time of the incident “was placed in quarantine by HSE Authority from [ ] to [ ] as she was suspected for COVID-19”.
However the Tribunal also notes the extensive receipts furnished to the Tribunal by the Applicant for medication, some of which indicate that on [ ], [ ], [ ] and on [ ], the Applicant picked up prescription medication at various dispensing outlets, the latter three excursions for same which she was entitled to take, the requirement to quarantine having passed. On that basis, the Tribunal determines that the reason given by the Applicant for the delay in submitting her application within the prescribed time frame, does not warrant exceptional circumstances and thus render her application amenable to further consideration.
Furthermore, whilst the Tribunal acknowledges there are also a number of receipts from [ ] Psychotherapist, confirming the Applicant’s attendance with her on a number of occasions after the incident, and whilst the Tribunal accepts that this upsetting incident occurred, no medical evidence, in the form of a letter, note, record or report has been put before the Tribunal which would indicate that the Applicant was suffering to the extent that she would not have been in a position to submit her application in a timely manner.
This application was submitted outside of the time period allowed in normal course under the terms of the Scheme. The Applicant has provided just one reason for that delay in submitting her application, but the Tribunal concludes that the reason for delay, as stated by the Applicant, does not justify exceptional treatment of this application. Accordingly, and regrettably, the Tribunal is not amenable, under the terms of the Scheme by which it is bound, to consider this application further.
No award
Nora Pat Stewart BL
20 January 2023