Foilsiú
50211 (27 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: 50211
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No compensation payable due to the failure to report the incident without delay to the Gardaí under Article 22 of the Scheme, and failure to give all reasonable assistance under Article 10 of the Scheme.
1. Ms. [ ] (‘the applicant’) 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 applicant (who was born on [ ]) outlined that she was assaulted at [ ] on [ ]. She describes how she was set upon by a group of four or five assailants without warning. She describes how she was punched repeatedly in the face and then knocked and kicked on the ground. She states that these assailants said that they knew her car and would find her if she reported them. She said that they ran away and a man picked her up, but he did not want to be involved. She said that she drove home that evening but had to go to the hospital the following day as she was in so much pain. She states that she had damage to her nose, multiple bruising to her face and body and concussion. She states that she was in hospital from [ ] until [ ].
3. No medical report was submitted. The applicant claimed a loss of earnings of €1,104.98, and medical expenses of €1,448.55, and travel expenses (estimated and prescription expenses (€140). A bill from VHI for the sum of €1,448.55 in respect of medical expenses was included in the papers supplied to the Tribunal, but no receipt in relation to payment of this expense. No other vouchers were supplied.
4. By letter dated [ ] the applicant’s solicitor indicated that the matter was being investigated by the Gardaí, although the applicant did not report the matter to the Gardaí at the time of the incident. By letter dated [ ] the Tribunal wrote to the applicant’s solicitor seeking the name of the Garda station where the applicant report the incident so that a Garda Report could be requested. There was no response to this letter.
5. Therefore no Garda report was contained in the Tribunal papers.
6. Article 20 of the Scheme provides as follows:
“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. No applications may be accepted by the Tribunal where the event giving rise to the injury took place more than two years prior to the date of the application.”
7. As the application form was received on [ ], it was not submitted within the time permitted under the Scheme.
8. By letter dated [ ], the applicant’s solicitor explains that the applicant did not report the incident to the Gardaí or make a claim to the Tribunal as she did not know that she could claim. It is stated that she was afraid to report the incident to the Gardaí because “she was in fear of her life”. It is stated that she was also extremely traumatized and upset. It is further stated that it was only when the VHI Health care letter dated [ ] was referred to her by her estranged husband that she became aware that she could make a claim.
9. There is no information as to when the letter dated [ ] from VHI Healthcare was forwarded for the attention of the applicant by her estranged husband. This letter was dated within three months of the incident the subject matter of the application.
10. I accept that if the applicant had this letter she would have submitted her claim to the Tribunal within three months of the incident.
11. In the circumstances I find that these are circumstances which justify exceptional treatment and I will extend the time for making the claim.
12. Article 22 of the Scheme provides as follows:
“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 without delay to the Gardaí or to the Garda Síochána Ombudsman Commission (GSOC) in any case where the crime is alleged to have been carried out by a member of An Garda Síochána. However, the Tribunal will have discretion to dispense with this requirement where they are satisfied that all reasonable efforts were made by or on behalf of the claimant to notify the Garda Síochána or the GSOC as the case may be, of the offence and to cooperate with them.”
13. The applicant did not report the matter to the Gardaí at the time of the incident. There is no information available as to when the matter was reported. There is no information available of any cooperation with the Gardaí in investigating the matter.
14. I find that the Applicant has not satisfied the requirement in Article 22 of the Scheme to report the incident without delay to the Gardaí, and therefore her claim does not fall within the ambit of the Scheme.
15. Further, the Tribunal wrote to the applicant’s solicitor on [ ], seeking further information from the applicant and also confirmation by [ ] that she wished to proceed with the application. There was no response to this correspondence.
16. The applicant has not replied to correspondence in relation to her claim before the Tribunal. Therefore, I find that she has not given all reasonable assistance to the Tribunal as required under Article 10 of the Scheme.
17. I find that no compensation is payable to the applicant as she has not complied with Article 22 of the Scheme and she has not complied with Article 10 of the Scheme.
18. I therefore decline to make any award.
Elizabeth Maguire
Criminal Injuries Compensation Tribunal
27 May 2022