Foilsiú
50905 (30 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: 50905
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under Article 9 and Article 20 and Article 22 of the Scheme.
1. Mr [ ] (‘the applicant’) 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 was received on the [ ] in respect of injuries incurred as a result of an incident which occurred on the [ ] at 1am at [ ].
The Applicant states that on that particular morning he took a short cut home through [ ] and as he did so he heard voices behind him. The voices became louder and as he turned to look around he was hit with an object and was knocked unconscious. The next thing he recalls is waking up with the ambulance service surrounding him.
The incident happened nearly two years prior to his submission of the application form for compensation. He states that his reason for not doing so prior to that was that he did not know about the Criminal Injuries Tribunal. Following a recent visit to his dentist he was informed about the Tribunal and so investigated further.
The Applicant was of full age at the time of the incident. He suffered black eyes, broken teeth and stitches to his face. The matter was reported to An Garda Siochana who states that she arrived at a scene at [ ] at 4 o’clock in the morning where there was two families having a dispute and she found a youth lying on the roadway. He was taken by ambulance to hospital.
The Applicant was written to on the [ ] advising that a medical report would be required from his treating dentist. The dentist is based in Hungary.
An Garda Siochana report that “proceedings were not taken as the injured party made no statement of complaint to An Garda Siochana”.
The Applicant submitted a dental plan from the dentist but no actual medical report confirming the nature and extent of the injuries suffered by him on this particular night.
The dental plan is dated [ ].
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 should be awarded”.
To date the only tangible receipt furnished is that from the [ ] for the sum of €40 and the Accident & Emergency Casualty Charge of €60. This is less than the sum of €500. In addition no medical report has been furnished to the Tribunal.
4. Article 22 (previously Article 23) it states: “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”.
The Applicant has provided an explanation that Criminal proceedings were not taken any further because the Applicant did not see his attacker and there were no witnesses. He said that the Gardai said that they had very little evidence to go on. He also stated “proceedings were not taken any further by myself as my parents sister and her two children live in the area and I did not want them to become a target if there was not going to be any outcome. It was for this reason only that I made no formal statement”.
There is an obligation on the applicant in seeking compensation under the Scheme to make a formal statement of complaint and he did not do so and therefore this offence does not qualify for compensation.
5. The Applicant was written to on the [ ] and invited to forward further documentation and was informed that if he did not do so the application would be sent to a member for decision.
6. Article 20 of the scheme (previously Article 21) provides “application should be made as soon as possible but accepted circumstances determined by the Tribunal to justify exceptional treatment not later than three months after the event giving rise to the injury. No applications may be accepted by the Tribunal where the event giving rise to the Injury took place more than two years prior to the date of application”.
The Applicant has submitted that the exceptional circumstances to be considered for exceptional treatment are that he did not know of the existence of the scheme and it was only when his dentist told him about the tribunal and that he investigated further. It is strange that a Hungary based dentist knew about the Tribunal but an Irish citizen did not. However, the Tribunal have consistently held that lack of knowledge of the existence of the Tribunal is not a circumstance which justifies exceptional treatment.
It may well be that the applicant could come within the ambit of Article 9 of the scheme but to date there is not sufficient evidence in the balance of probabilities that he does so. In addition he has not submitted any circumstance justifying exceptional treatment as required under Article 20.
Accordingly under Article 9, Article 20 and Article 22 the application is refused.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
30 May 2022