Foilsiú
50405 (24 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.
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: 50405
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under Article 9 of the Scheme.
1. Mr [ ] (‘the applicant’) date of birth: [ ] of [ ] has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. His application for compensation under the Scheme, dated [ ] is in respect of an incident which occurred on the [ ] at [ ].
The Applicant states that at the time of the incident he was [ ]. He was in the kitchen and heard a gun shot in the living room. One of the gun men shot [ ]. One gun man ran in and was waving a gun around. He the Applicant tried to grab hold of the gun and he was shot in the arm.
As a result of the attack he suffered extensive damage to his right upper arm due to the shot gun blast. He was an in patient in University Hospital [ ] from the [ ] to the [ ]. He suffered very severe psychological trauma and was unable to work and the likelihood is that the disability that he suffered as a result of this attack was permanent.
The Applicant has a number of previous convictions, including possession of drugs for sale or supply and threatening and insulting behaviour.
In relation to Article 21 (now Article 20) The Applicant’s Solicitor [ ] submitted on the [ ] that due to the injuries which resulted in secondary shock and psychological trauma the applicant was unable to provide for further instructions to allow him to complete the application form until [ ].
In light of the shocking nature of the incident in question the Tribunal is satisfied that exceptional treatment is justified in this case and accordingly the application is admitted.
On the [ ] the Secretariat wrote to [ ] drawing their attention to Articles 13 and 14 of the scheme (now Articles 12 and 13) and also seeking details of the claim for loss of earnings and out of pocket expenses. In their response dated the [ ] they stated that they were awaiting on a report from an Accountant and an Occupational Therapist. Nothing further has been heard concerning that.
On the [ ] Mr [ ] wrote in directly stating that he was now dealing with this matter himself. He was written to by the Secretariat on the [ ] and asked to submit various details. No response was received to that. On the [ ] he was again written to pointing out the letter of the [ ] and asked to submit the relevant details. He has not responded to that correspondence.
3. Article 9 of the scheme provides “no compensation will be payable unless the Tribunal is satisfied that the injury is such that compensation of not less than €500.00 should be awarded”.
No out-of-pocket expense details have been furnished at all in this matter despite the fact that the incident happened some [ ] years ago.
Under the circumstances while the Tribunal is satisfied that the Applicant is the victim of a crime and meets the requirements of Article 1 of the scheme, has established that despite the lateness of the application there are circumstances which justify exceptional treatment .
However the application as submitted unfortunately fails to satisfy the requirements of Article 9 and accordingly the application is dismissed.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
Dated: 24 May 2022