Foilsiú
50964 (28 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.
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: 50964
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under paragraph 21 of the Scheme.
1. The Applicant, Mr [ ] has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In his application for compensation under the Scheme, received on the [ ], the Applicant stated that he suffered a detached retina, sight loss and nerve damage as a result of an unprovoked assault on the [ ].
3. There is a Garda report on file dated the [ ], which states that the Applicant and his girlfriend reported being assaulted by a gang of up to 20 youths at [ ]. The Applicant was punched and kicked to the ground. Six defendants were arrested and brought before the Circuit Court. Following the incident, the Applicant had to have an operation to restore the sight in his eye. The Applicant has not received compensation from the assailant. The Applicant has no previous convictions.
4. There is a report on file from Mr [ ], Ophthalmic Surgeon, dated the [ ], stating that there is a small risk of further detachment of the retina and the Applicant will either need contact lenses or laser to improve the vision in his right eye to normal.
5. The Applicant submitted vouched expenses in the sum of €1,065.15, for opticians, prescriptions and hospital fees.
6. Paragraph 21 is relevant in this case as the application was not made as soon as possible or within the three-month time limit.
7. The application was made almost two years after the incident. There is no information on file to state why the application is out of time. The Applicant was represented by a firm of Solicitors, [ ], at all material times. However, there is no explanation on file as to why the Applicant did not submit the application within three months of the incident.
8. Paragraph 21 states that ‘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’.
9. It is noted that the Applicant had to have an operation in his eye on [ ], following the incident but there is no evidence that he was incapacitated or had a disability which would have prevented him from making an application within the required time limit.
10. The Tribunal wrote to the Applicant’s solicitor on the [ ], requesting if the Applicant wished to advance the application and requesting all further documents to be submitted by the [ ], if so. No response was received in relation to this letter.
11. Having weighed and evaluated all the evidence before it, there are no circumstances outlined by the Applicant such that would justify exceptional treatment to extend the time. The Applicant’s claim must, therefore, fall at this juncture.
12. The Tribunal finds that the Applicant, therefore, should not be admitted to the scheme as his claim is outside the three-month time period.
Majella Twomey
Criminal Injuries Compensation Tribunal
28 July 2022