Foilsiú
51810 (28 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.
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: #51810
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No award, by reason of paragraph 20 (formerly 21) of the scheme.
[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
The Applicant’s claim is that he was assaulted in [ ] by an unknown individual on the night of [ ], when, having watched a football match with a friend in a local hostelry, they were standing at a taxi rank and a passing male lashed out at him and punched him in his face, knocking him to the ground. The Applicant’s friend was also assaulted. A passer-by came to their assistance and the Gardaí from [ ] Garda Station were called and arrived on the scene.
In a Garda Report, received by the Tribunal on [ ], the Gardaí confirmed that three males were prosecuted as a result of this assault on the Applicant and his friend, that all three had pled guilty and were due before [ ] Court for sentencing.
Although the Applicant declined medical assistance following the incident, he was absent from work for two days, [ ], following the assault. On his application form the Applicant stated that he suffered from mental stress following the assault that he was afraid to walk up and down the road and go out when it was dark following the incident.
In his Victim Impact Statement, prepared for the purposes of the Court hearing of his assailant and furnished to the Tribunal, the Applicant stated that he had administered first aid to his friend following the attack upon them and that he had to hold his friend’s head, as he was badly injured. The Applicant stated that because of the incident he was caused to suffer flashbacks to a previous workplace incident where a colleague was killed [ ]. He also noted that after the assault he only went to the pub if he got a lift, was afraid to go to a taxi rank, and that he continued to suffer nightmares.
This Application was received by the Tribunal on [ ], which was over two years after the incident the subject matter of the application and one year and nine months after the time permitted, in normal course, under the terms of the Scheme for submission of applications.
Paragraph 20 (formerly paragraph 21) of the Scheme 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 …”
It is clear from paragraph 20 that the Tribunal is not completely bound by the prescribed three-month period for receipt of applications, where it finds that circumstances for the delay in submitting an application are such as to justify exceptional treatment, it can deem that application eligible for further consideration.
The Scheme’s application form provides applicants with the opportunity, at section 2 (f), to set out reasons for the late submission, if so applies, of their application to the Tribunal. In the instant case, the Applicant has left s. 2 (f) blank.
As no reason has been given for the delay in submitting this application by the Applicant and with nothing on his file to indicate that the Applicant was not in a position to submit his application within the prescribed three-month time period permitted to submit applications, pursuant to paragraph 20 of the Scheme, the Tribunal must conclude that this application is not amenable to further consideration. Accordingly, no award can be made.
No award
Nora Pat Stewart
Date: 28 October 2022