Foilsiú
51277 (26 July 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 injury: [ ]
Date of application: [ ]
Case reference: 51277
Decision: Pursuant to Paragraph 21 of the Scheme which was in place at the time of the applicant’s application to the Tribunal, the application is refused.
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 [ ]. The application form was stamped as received by the Tribunal on [ ].
3. In his application form, the applicant stated that he was injured on [ ] at [ ]. The applicant did not provide any details of the circumstance leading to his injury, but stated that he had received one stab wound to the abdomen and had received treatment in [ ] Hospital. He was in an-patient of [ ] hospital from [ ] to [ ], and thereafter received out-patient treatment which was still ongoing at the time of his application to the Tribunal.
4. The applicant stated that he had “Artery tied off on right leg, dropped foot, open wound on stomach.” He stated that he was unable to play sports, drive a car, stand or walk for long periods or go back to work. The applicant was out of work at the time of his application.
5. The applicant did not indicate any expenses arising from his injury.
6. With respect to the delay in making his application to the Tribunal, the applicant stated that he had been in hospital for four months and thereafter had continued to suffer from his injuries.
7. In support of his application, the applicant submitted a reference from his employer, [ ] stating that the applicant was in full-time employment at the time of the incident, and, but for the injuries, would have continued in full-time employment with them.
8. The Tribunal has had the benefit of a Garda Report dated [ ] prepared by Detective Sergeant [ ] Garda Station who reports that Gardai were called to [ ] at [ ] on [ ] when the applicant suffered a single stab wound to the stomach/abdomen.
9. The Garda Report states that the applicant had attended a party in the area and at [ ] had gone into the roadway to have words with another male . A fight ensued between the parties and the applicant was stabbed.. A number of people tried to separate them but to no avail. There were a number of witnesses, but no person was in a position to say how the applicant was stabbed and the applicant himself did not know. The applicant was taken to [ ] hospital for treatment.
10. The Garda Report states that the applicant has a number of criminal convictions including [ ].
11. At the time of the Garda Report a number of arrests had been made but no convictions resulted from the ongoing investigation.
12. On [ ], the Secretariat of the Tribunal wrote to the applicant to acknowledge receipt of his application and to draw his attention to Paragraph 21 of the Scheme which sets a deadline for the making of an application of three-months post-incident, except in circumstances determined by the Tribunal to justify exceptional treatment.
13. On [ ], the Garda Report was furnished to the applicant and his attention was drawn to Paragraph 14 of the Scheme which relates to an applicant’s conduct, character or way of life making it inappropriate for the applicant to receive an award of compensation. The applicant was asked to provide a comment on this aspect of his application.
14. No response was received to this letter.
15. On [ ], the secretariat of the Tribunal wrote to the applicant asking if he 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.
16. No response to this letter is on file.
17. The following documents were furnished to the Tribunal Member for determination:
a. Completed application form, signed by the applicant on [ ];
b. Garda Report dated [ ];
c. Reference from [ ] dated [ ];
d. Acknowledgement letter from Tribunal secretariat to the applicant dated [ ];
e. Letter from Tribunal secretariat to the applicant dated [ ];
f. Letter from Tribunal secretariat to the applicant dated [ ].
18. Arising from the foregoing, a number of issues arise which will be dealt with in turn.
19. 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)".
20. In his application, the applicant stated that he was injured on [ ], requiring him to make an application to the Tribunal before [ ]. However, the application form was not submitted to the Tribunal by the applicant until [ ], over two years after the injuries occurred, almost two years outside of the required time for submission of the application.
21. 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.” The applicant stated that he had been an in-patient at [ ] hospital for a number of months and had received out-patient treatment thereafter.
22. While it is accepted that the applicant received medical treatment from [ ] hospital for a number of months after the incident, there is no evidence before the Tribunal to show why the applicant was unable to make an application to the Tribunal or instruct a solicitor to do so on his behalf following his discharge from hospital. There is no evidence before the Tribunal to point to any circumstances which warrant the granting of exceptional treatment in this case, and why the applicant’s claim should be admitted despite being outside of the required three-month time limit.
23. Therefore the application must be refused, pursuant to Paragraph 21 of the Scheme.
24. Pursuant to Paragraph 21 of the Scheme which was in place at the time of the applicant’s application to the Tribunal, the application is refused.
Peter Stafford BL
26 July 2022