Foilsiú
54774 (6 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: #54774
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No award: Application received out of time.
[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
The Applicant claims that on the [ ] while working as a security officer in the [ ] Bar and Restaurant in [ ], he suffered very bad injuries as a result of an assault.
While no details of the assault have been set out by the Applicant on his application form, in a medical report from [ ], received by PIAB on the [ ] following examination of the Applicant on the [ ] and furnished to the Tribunal, it states that the Applicant claims he was assaulted with an iron bar to his head while working in a [ ], that the blow was to the right side of his head, that he was taken by ambulance to the A & E Department of [ ] Hospital where x-rays showed a fractured maxilla and that he was detained overnight but did not require surgery.
A report from GP Dr [ ] of [ ] Medical Centre, dated [ ], has also been furnished to the Tribunal in support of the Applicant’s application.
In an undated handwritten statement provided by the Applicant, he claims that on the night of the incident he was assaulted by a group of youths who he had refused entry to at the [ ] Bar and that one of them hit him hard with a bottle on his face and broke his face and damaged his right eye.
The Applicant himself reported the incident to the Gardaí. In a letter from the Gardaí (to [ ] Solicitors) dated the [ ], the Gardaí confirmed that there was no CCTV available and that no suspects had been identified to assist the Gardaí with their investigation, as no independent witnesses made themselves known to the Gardaí following canvassing the area of the alleged assault. The Gardai also confirmed that no proceedings were contemplated at that time.
This application was received by the Tribunal on the [ ].
Paragraph 20 (formerly paragraph 21) of the Scheme 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 …”
By reason of paragraph 20, this application ought to have been received by the Tribunal on or before the [ ], which was three months after the date of the incident complained of, the subject matter of this application. As noted above this application was received by the Tribunal on the [ ], which was over four years and seven weeks after the time permitted, in normal course, under the Scheme.
It is clear from the wording of paragraph 20 that where an application is received by the Tribunal outside of the prescribed three-month time period, the Tribunal can determine if the circumstances/reasons for the delay in submitting that application justify exceptional treatment, and if so, the Tribunal may accept that application for further consideration.
The Tribunal notes that at s.2(f) of the Applicant’s application form – the provision on the application form which gives an applicant the opportunity to set out circumstances/reasons for delay in putting in their application – the Applicant has written the following:
“We submit that the 3 month time period is illegal and a breach of EU Law. We also submit that the CICT have refused to pay general/fair and adequate compensation, however this has now been deemed to be in breach of Irish & European law as clarfied [sic] by the cases of Kelly & Doyle in the Court of Appeal Judgment delivered in December 2022”.
On the [ ] the Applicant’s legal advisors, [ ] Solicitors, wrote to the Tribunal stating that apart from the reasons set out on the application form for the delay in submitting his application, additionally, it was now claimed that other reasons for delay by the Applicant included that the Applicant had made a claim to PIAB and that upon receipt of Authorisation from PIAB, Counsel who had been briefed in the matter, had advised against issuing proceedings, as they felt that the Applicant would not succeed. [ ] Solicitors also claimed that the Applicant was not advised by the Gardaí that he could make an application to the CICT and that there was a failure to offer information by the Gardaí or any other person.
The Tribunal is bound by the terms of the Scheme. This application was received over four years and seven weeks after the time permitted in normal course for submission of applications. Having carefully considered the circumstances/reasons put forth by the Applicant and/or his legal advisors for the late submission of this application, the Tribunal determines that the circumstances/reasons as provided, do not justify exceptional treatment of this application, therefore this application is refused for further consideration.
As this application was received out of time and the circumstances/reasons put forward by the Applicant and/or his legal advisors for the delay in submitting this late application, do not, in the Tribunal’s view justify exceptional treatment, this application is considered ineligible for further consideration. Accordingly, the Tribunal makes no award.
No award
Nora Pat Stewart
Dated: 6 July 2022