Foilsiú
51306 (24 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: 51306
Date of incident: No specific dates [ ]
Date of application: [ ]
Decision outcome: The application is refused under paragraphs 21 and 23 of the Scheme.
1. Ms [ ] has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In her application for compensation under the Scheme, received on the [ ], the Applicant stated that she had suffered various injuries including being electrocuted, being tortured by tenants, being under surveillance and suffering an epilepsy fit following the use of a vending machine in [ ].
3. The Applicant states that she suffered head injuries, electrical burns, PTSD, nightmares and burnt hair. There are no medical reports on file to corroborate these claims.
4. There is no record of any of the above matters being reported to the Gardaí. There is a letter from the Gardaí dated the [ ] confirming that there are no Garda reports on file in relation to any of the alleged criminal acts of violence.
5. Paragraph 21 is relevant in this case as the application was not made as soon as possible or within the three -month time limit.
6. 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’.
7. No dates were given for any of the alleged criminal acts of violence. The application form refers to ‘[ ]’ but does not put it any further than that in terms of specific dates.
8. In circumstances where there are no clear dates outlined in relation to occurrence of the alleged crimes of violence, there is no evidence to suggest that the application was submitted within the requisite three-month time period.
9. In circumstances where it is not clear that the application was brought within the timelines outlined in paragraph 21 of the scheme, the Applicant’s claim must, therefore, fall at this juncture.
10. The Tribunal finds that the Applicant, therefore, should not be admitted to the scheme as there is no evidence to suggest that it was brought within the required time limit.
11. Further or in the alternative, the Tribunal finds that the Applicant failed to report any of the alleged crimes of violence to the Gardaí under paragraph 23. Paragraph 23 of the scheme states that ‘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 or that it was reported to the Gardai without delay. However, the Tribunal will have discretion to dispense with this requirement in the case of injuries resulting from offences committed before the commencement of the Scheme, and in other cases where they are satisfied that all reasonable efforts were made by or on behalf of the claimant to notify the Garda Síochána of the offence and to cooperate with them’. The evidence, in this case, as per the letter from the Gardaí dated the 2nd August 2007, was that no reports were made to the Gardaí.
12. In all the circumstances, the Tribunal finds that the Applicant has not fulfilled the criteria set down in paragraphs 21 and 23 and her applicant must fail.
Majella Twomey
Chairperson, Criminal Injuries Compensation Tribunal
24 May 2022