Foilsiú
50685 (13 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: 50685
Date of incident: [ ]
Date of application: [ ]
Decision/outcome: The application is refused.
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. On the [ ], the applicant fell from a [ ] at [ ] in [ ]. The applicant cannot remember the circumstances as to how he fell off [ ]. He believes that he might have been pushed.
3. The applicant sustained significant injuries to his jaw, teeth, hips nose and arms. He also sustained a fractured skull and extradural haematoma. He required surgery in [ ] to reduce the swelling on his brain. He was treated in intensive care for a number of days before being transferred back to [ ].
4. The applicant advises that the incident was reported by a passer-by to [ ] Garda Station. The Gardai investigation revealed that the applicant had consumed a lot of alcohol on the night and day preceding the incident. Ultimately, the Garda investigation did not uncover any evidence of assault or involvement of a third party that may have contributed to the applicant’s injuries.
5. Paragraph 1 of the (pre-2021) Scheme states that the Tribunal can only provide in respect of personal injury where the injury is directly attributable to a crime of violence. Further, paragraph 30 of the (pre-April 2021) Scheme states that: “The standard of proof which the Tribunal will apply to a determination of any claim will be the balance of probabilities.” Therefore, it is incumbent of the applicant to prove, on the balance of probabilities, that the incident in question is directly attributable to a crime of violence.
6. The Tribunal wrote to the applicant’s solicitor on the [ ] and enclosed a copy of the Garda Report. It enquired if the applicant wished to dispute the contents of the Garda findings. No response was received from the applicant’s solicitor. The Tribunal again wrote [ ] and invited the applicant to provide a response to its letter of the [ ]. The applicant’s solicitor was advised that the file would be forwarded to a Member of the Tribunal for a decision if no response was received by the applicant by [ ]. No response was received from the applicant to the Tribunal’s correspondence.
7. The applicant has not corresponded with the for [ ] and [ ] years.
8. There applicant has not provided any evidence to suggest that he was pushed off the [ ]. The Garda also could find no evidence to suggest that the incident arose due to the actions of any third party. The Tribunal therefore must conclude that this was a very unfortunate accident, that undoubtedly will have life-long consequences for the applicant. In such circumstances, the Tribunal finds that the applicant has failed, on the balance of probabilities, to prove that his injuries are attribute to a crime of violence and therefore this matter falls outside the ambit of the Scheme.
9. In circumstances where the applicant has not proven that his claim falls to be determined under the terms and conditions of the Scheme, it is not necessary for the Tribunal to make any further determinations on the other provisions of the Scheme that might apply to this matter.
David Culleton
Member of the Criminal Injuries Compensation Tribunal
13 May 2022