Foilsiú
50153 (18 September 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 of Compensation for Personal Injuries Criminally Inflicted
Applicant: [ ]
Reference: 50153
Date of incident: [ ]
Date of application: [ ]
Appeal hearing (held by way of remote hearing on Monday 18 September 2023)
Present:
For the Tribunal:
For the Applicant/Appellant:
Mr [ ], Applicant (hereinafter “the applicant”)
This matter came before the Tribunal on the [ ] by way of appeal from a single member’s decision, arrived at on [ ]. The Tribunal considered the case afresh (or de novo), taking into account the papers submitted on behalf of the applicant, his oral evidence and submissions. The appeal commenced at 11.30am by way of virtual hearing. The applicant agreed to have the hearing held remotely.
The Tribunal had the benefit of the Appeal Hearing Booklet, pages 1-29.
On [ ], the applicant was working in his [ ] business with his young son in [ ]. Two men entered the premises for the purposes of carrying out a robbery. One of the assailants was armed with a gun and demanded cash from the applicant and threatened to shoot the applicant if he failed to comply with the demand. The applicant grabbed the gun and struggled with the armed assailant in the stairwell, eventually he wrestled the gun from the assailant. The applicant managed to fend off the other assailant However, during the struggle the applicant injured his leg.
The Gardai were called to the scene. They arrested and charged all the assailants with armed robbery. The applicant was unsure if the assailants were prosecuted.
The applicant has not provided the Tribunal with any medical evidence or hospital records whatsoever. The applicant gave evidence that he was shocked and shaken by the incident. He also hurt his leg. Due to the passage of time, the applicant was unsure if he injured his right or his left leg. He believes that it was his right leg. He initially attended [ ] Hospital in [ ] and was sent to [ ] Hospital for an x-ray. He believes that he might have fractured his right leg, but he was not certain on this point. He recalls that his leg was placed in a Plaster of Paris cast for approximately two weeks. He was discharged on the same date with crutches. He returned to [ ] Hospital to have the cast removed about two weeks later. He did not seek any medical treatment for his leg after the date that the cast was removed.
The applicant gave evidence that he also was fearful of retribution from the offenders or their extended families. He lived in the fear and this caused him to close his [ ] and subsequently give up working as [ ]. This will be discussed in more detail below under the ‘Heads of Claim’ section. The applicant never sought any medical attention of any kind in respect of the fear that he was suffering from.
The applicant has not produced any books of account or any financial statements whatsoever to vouch his income while running his [ ] business or working as [ ].
The applicant gave evidence that he owned and ran ‘[ ]. He started the business around [ ] or [ ]. Due to the nature and extent of his injuries, he was unable to work for a period of two weeks and had to temporarily close the business. He gave evidence that he incurred a loss of earnings of approximately €850 per week.
The applicant stated that he was fearful that the assailants or members of their extended family might confront him in his [ ].
The applicant subsequently [ ] a few months later. He worked as [ ] for 5 years, between [ ] and [ ]. He earned approximately between €300-400 per week. His wife also works as [ ]. The applicant stopped working as [ ]. He was fearful of the assailants’ family members, who he saw around the town regularly. The applicant gave evidence that he also had problems with diabetes which resulted in him incurring problems with his sight. These problems with his sight also resulted in him being unable to work as [ ]. The applicant was unemployed from [ ] to date. He enrolled in a course in [ ] and obtained a qualification as a [ ] in summer [ ]. He intends to seek employment in this field [ ].
The applicant also gave evidence that he has never received any social welfare payments for any periods that he was unable to work.
The applicant was not required to prove that he was the victim of a crime of violence. At the outset of the hearing, the Tribunal advised the applicant that it accepted that he had been the blameless victim of a crime of violence.
Unfortunately, the applicant has not provided the Tribunal with any medical evidence or records to prove the nature and extent of his injuries. The applicant has also not provided the Tribunal with any documentary evidence to vouch any loss of earnings. However, the Tribunal accepts that the applicant suffered physical injuries in the incident in the form of a foot injury, which substantially recovered after a period of two weeks or thereabouts. The Tribunal also accepts the applicant’s evidence that he was unable to work for a period of two weeks which resulted in a loss of earnings of (€850 per week x 2) €1,700.
The Tribunal notes that the applicant would have been traumatised by such a frightening event and also accepts this caused the applicant a heightened sense of awareness for his safety after the incident. The Tribunal notes that the applicant did not seek any medical attention in relation to any psychological symptoms that he was suffering, at any juncture in the seventeen years that has passed since the incident occurred. Further, there is no medical or any evidence before the Tribunal to suggest that the applicant sustained a recognised psychiatric injury, nor is there any evidence before the Tribunal to suggest that the foregoing injuries, on the balance of probabilities, are causally linked to either the applicant having to cease employment in the past or to account for his long-term inability to work. The applicant has failed to vouch the nature and extend of these alleged losses and has failed to prove this element of his claim.
The Tribunal will make an award for the initial two-week period in [ ] that the applicant was unable to work as a consequence of injuring his foot. The Tribunal awards the sum of €1,700.
The Tribunal wishes the applicant every success in his future career as [ ].
Mr David Culleton, Solicitor, Member of the Criminal Injuries Compensation Tribunal
Ms Nora Pat Stewart, B.L., Member of the Criminal Injuries Compensation Tribunal
Mr Roderick Maguire, B.L., Member of the Criminal Injuries Compensation Tribunal
18 September 2023