Foilsiú
51573 (6 September 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: #51573
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Refused under paras. 20 and 22.
1. Mr. [ ] (‘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, signed and dated [ ], the Applicant says that he was attacked in [ ] Avenue. He was taken by ambulance to [ ] Hospital where they stitched his head and sent him to [ ] Hospital to get his jaw wired. He did not keep his taxi receipts and sought compensation for his bad scar and the fact that he could not chew like he used to. He stated that he did not apply earlier as he did not know of the Scheme.
3. The Tribunal acknowledged the application. A Garda report dated [ ] indicated that the Applicant was the victim of an unprovoked assault by [ ], and suffered a broken jaw which had to be wired for 6 weeks, and had [ ] to his head. As well as bruising to his midriff and arms. A detailed witness statement was submitted. The Applicant gave a description of [ ] but [ ] could not be identified. He indicated that he did not wish for the matter to be pursued as he feared reprisal on his cousin’s address where he was a guest.
4. A letter was sent to the Applicant dated [ ], asking if the Applicant still wished to pursue the application, and if so asking for the relevant documentation. No reply was received to this letter.
5. The Scheme provides at paragraph 1 that it applies to situations where:
“the injury is directly attributable to a crime of violence…”
6. I am satisfied that the applicant has established, on the balance of probabilities, that he was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence.
7. However, the Scheme provides at paragraph 22 (previously para. 23) as follows:
“To qualify for compensation it will be necessary to indicate to the Tribunal that the offence giving rise to injury has been the subject of criminal proceedings or that it was reported without delay to the Gardaí or to the Garda Síochána Ombudsman Commission (GSOC) in any case where the crime is alleged to have been carried out by a member of An Garda Síochána. However, the Tribunal will have discretion to dispense with this requirement where they are satisfied that all reasonable efforts were made by or on behalf of the claimant to notify the Garda Síochána or the GSOC as the case may be, of the offence and to cooperate with them.”
8. From the Garda correspondence, I am not satisfied that the Applicant reported the incident to the Gardai and cooperated fully with them as required. Therefore, I do not admit the Application for consideration.
9. Further, the Scheme provides at para. 20 (previously para. 21) as follows:
“Applications should be made as soon as possible but, except in circumstances de-termined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury.”
10. This application was made more than 8 months after the incident. I am not satisfied that failure to know of the Scheme is a circumstance that justifies exceptional treatment. Therefore, the application is not admitted under this paragraph also.
11. The Scheme provides at paragraph 10 (previously para. 11) as follows:
“10. No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance, in relation to any medical report that it may require, and otherwise.”
12. From the foregoing lack of reply to the letter from the Tribunal, I am not satisfied that the applicant has given all reasonable assistance to the Tribunal.
13. The Applicant has established that he was the victim of a crime of violence. However, he did not fully cooperate with the Gardai as required and failed to make a complaint. In addition, the application was not made within 3 months as required. Accordingly, I do not admit the application for consideration under the Scheme.
14. Further, the Applicant has not provided all reasonable assistance to the Tribunal in relation to the application. Therefore, no award of compensation under the Scheme would be made if the application were admitted.
Roderick Maguire
Member, Criminal Injuries Compensation Tribunal
6 September 2022