Foilsiú
52260 (11 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.
File Number - 52260
Criminal Injuries Compensation Tribunal
Applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
On the [ ] the Applicant was punched in the face by a Mr [ ]. The Applicant attended the Garda Station in [ ] and stated that he did not wish to make a statement but requested that An Gardaí call [ ] and demand money for his injuries. Garda [ ] informed the Applicant that he would not be phoning the assailant and requesting money from him and informed the Applicant that if he wished the incident to be investigated that a statement of complaint was required. The Applicant declined to make a statement of complaint. In [ ] Garda [ ] contacted the Applicant a second time in an effort to take a statement in respect of the incident. The Applicant refused to give a statement in respect of the incident on that occasion. Paragraph 22 of the Scheme provides:
“To qualify for compensation it will be necessary to indicate to the Tribunal that the offence giving rise to the 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 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 An Garda Síochána or the GSOC as the case may be, of the offence and cooperate with them”.
Paragraph 20 of the Scheme provides that the application should be made as soon as possible except in circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury.
The Tribunal finds that the applicant did not report the matter to the Gardai in circumstances where he refused to make a statement to the Gardai, and was trying to use the Gardai to extract money from his assailant. In any case, the application in this incident was received outside the three month time limit provided under the terms of the Scheme. The Tribunal finds that no exceptional circumstances exist to justify exceptional treatment of the claim and extend the time limit for acceptance of the application into the Scheme. In the circumstances the Tribunal makes no award.
Dated 11 January 2023
Signed: Mema Byrne BL