Foilsiú
52002 (10 October 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 incident: [ ]
Date of application: [ ]
Case Reference: 52002
Decision: Pursuant to Article 21 of the Scheme, no award of compensation will be made.
1. [ ] (“the applicant”) has made a claim to the Criminal Injuries Compensation Tribunal (“the Tribunal”) for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
2. The application form was signed by the applicant on [ ] and submitted to the Tribunal under cover of letter from his legal representative dated same day. The application form was stamped as received by the Tribunal on [ ].
3. In his application, the applicant stated that he was injured on [ ] at the [ ], by [ ], an [ ]. The applicant stated that he had received [ ] gunshot wounds to the body, resulting in physical injury, mental injury and permanent scarring. The applicant attended hospital from the date of the incident until [ ], thereafter attending his GP.
4. The applicant underwent significant medical treatment to his mouth and jaw.
5. At the time of the incident the applicant was not in work, and has been unable to work since due to the mental distress of the incident.
6. With respect to the delay in making his application to the Tribunal, the applicant stated that his case had been pursued through the Personal Injury Assessment Board, but due to a failure on the part of his (then) solicitor, the case became statute barred. The applicant’s file was passed to his current solicitor who submitted the application to the Tribunal on his behalf. The applicant stated that he suffered significant mental distress, social isolation and he was falsely accused of being part of a gangland feud. The applicant stated that he deserves State compensation because of the State’s failure to ensure the incarceration of his assailant.
7. The applicant submitted a copy of the statement he gave to Gardai as well as details of his medical treatment and other supporting documentation, including newspaper cuttings of the incident.
8. The Tribunal has had the benefit of a Garda Report dated [ ] which states that the applicant was shot, as described in his application form on the [ ]. The offender was subsequently [ ].
9. The Garda Report states that, at the time of the incident in question, the applicant had five previous convictions, including for possession of drugs, threatening, abusive or insulting behaviour, intoxication and assault causing harm.
10. On [ ], the secretariat of the Tribunal wrote to the applicant’s legal representative acknowledging receipt of his application and seeking documentation to vouch the applicant’s claim for compensation for out-of-pocket expenses and loss of earnings. A second letter was sent by the Secretariat of the Tribunal to the applicant’s legal representative seeking particulars of loss of earnings and original vouching receipts. The applicant’s solicitor was alerted to Article 14 of the Scheme and invited submissions on this issue.
11. On [ ], the applicant’s solicitor informed the Tribunal that they had passed on the letter of [ ] to the applicant and would be in contact in cue course.
12. On [ ] and [ ], the secretariat of the Tribunal wrote to the applicant’s legal representative asking if the applicant wished to pursue his claim, and, if so to submit the documentation sought, including receipts to vouch his claim for compensation for out-of-pocket expenses. The applicant was informed that, in absence of same, his file would be sent to a Member of the Tribunal for determination.
13. No response to these letters is on file.
14. I am satisfied that the applicant was a victim of a crime of violence within the meaning of the Scheme. I am also satisfied that the injuries sustained by the applicant arose as a direct consequence of that crime. I am satisfied that the applicant reported the matter to An Garda Síochána promptly.
15. Paragraph 21 of the scheme which was in place at the time of the application states:
"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. In the case of an injury arising out of an event which took place before the commencement of the Scheme, the application must be made not later than three months from the date of the commencement (subject, also, to the foregoing exception)".
16. In his application, the applicant stated that he was injured on [ ], requiring him to make an application to the Tribunal before [ ]. However, the applicant’s legal representative did not submit his application until [ ], over five years past the required deadline.
17. Question 2(f) of the application form states: “If it is over three months from the date of incident to date of submission of application, please give reasons for delay as requires [sic] under Article 21 of the Scheme.” In response, the applicant’s solicitor stated that the applicant had been intending to pursue a case through the Personal Injuries Assessment Board, but the solicitor working on the file at the time had failed to submit the form to PIAB so that it became statute barred.
18. It is not accepted that an error or oversight by the applicant’s solicitor in failing to successfully pursue an alternative source of compensation amounts to circumstances which warrant the granting of exceptional treatment in this case.
19. Therefore, applying Paragraph 21 of the Scheme in place at the time of the application, the application is refused.
Peter Stafford BL
Member, Criminal Injuries Compensation Tribunal
10 October 2022