Foilsiú
51078 (11 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.
Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of one member of the Tribunal pursuant to section 25 of the Scheme
Applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Case reference: 51078
Determination: Applying Paragraphs 15 and 21 of the Scheme in place at the time of the application no award of compensation will be made.
1. By way of application form submitted by the applicant’s legal representative under cover of letter dated [ ] and marked as received by the Criminal Injuries Compensation Tribunal (“The Tribunal”) on [ ], [ ] (“the applicant”) has made a claim for compensation from the Tribunal for injuries arising out of a crime of violence which took place on [ ].
2. In a personal statement dated [ ], and submitted to the Tribunal with his application form, the applicant stated that he and his girlfriend were walking together in [ ] when he noticed a couple arguing across the street. The female took offence at the applicant and his girlfriend and began to shout at them. The female raised her hand to hit the applicant, and the applicant pushed her aside. The male then shouted at the applicant and came towards him in an aggressive manner. The applicant put his fists up to defend himself. The man got the applicant into a headlock, and there was wrestling and the applicant fell to the ground. He felt pain to his nose and noticed he was bleeding.
3. The applicant and the man got to their feet but continued to fight. The fight was broken up and the applicant was taken into his flat by his girlfriend.
4. Gardai and an ambulance were called and the applicant was taken to [ ] hospital for treatment to his [ ].
5. The applicant and his girlfriend gave statements to An Garda Siochana at [ ] Garda Station immediately after the incident, and the applicant gave a further statement on his discharge from hospital on [ ].
6. The Tribunal has had the benefit of a medical report prepared by [ ], [ ] at [ ] Hospital dated [ ] which states that the applicant presented to the Accident and Emergency Department of [ ] Hospital in the early morning of [ ] and had suffered a [ ] during the fight. The applicant had an operation to [ ] on [ ], and was seen on [ ] where he was found to have [ ]. The applicant underwent a further operation on [ ] and was discharged on [ ].
7. The applicant underwent a further operation on [ ] and was discharged the following day.
8. The report states that the applicant has a significant scar to his [ ] and to his [ ] but no further treatment was planned.
9. The Tribunal has also had the benefit of a report from [ ] of Further Education dated [ ] stating that at the time of the incident, the applicant was a full time student on a diploma course in [ ]. The report states that graduates in the [ ] industry may expect to earn from €22,000 to €28,000 per annum initially.
10. The applicant has claimed compensation for anticipated loss of earnings. At the time of the incident, the applicant was not in employment and received jobseekers allowance and had a medical card. The application form states that the applicant had incurred “nominal” out of pocket expenses.
11. In a report to the Tribunal dated [ ], Garda [ ] states that the applicant was assaulted by [ ] in circumstances where [ ] partner attempted to assault the applicant, and then [ ] involved himself in the altercation with the applicant. The Garda report outlines the medical treatment received by the applicant which is consistent with the report of [ ].
12. The Garda report also states that, at the time of the incident, the applicant had four previous convictions, with the most recent in [ ] where the applicant received [ ].
13. With respect to court proceedings, the Garda report states that the offender pleaded guilty to Assault Causing Serious Harm and voluntarily paid [ ] to the applicant by way of compensation.
14. By letter dated [ ], the applicant’s legal representative informed the Tribunal that the applicant had brought High Court proceedings against [ ], and that damages were assessed by the High Court in the amount of [ ] for past pain and suffering and [ ] for future pain and suffering. A copy of the court order was provided to the Tribunal.
15. On [ ], the secretariat of the Tribunal wrote to the applicant’s legal representative noting that the Scheme only covers compensation for out of pocket expenses which are directly attributable to a crime of violence, and that the Scheme prohibits payment of compensation for pain and suffering in relation to all incidents since April 1986.
16. The applicant’s legal representative was asked to submit a number of documents to support of the applicant’s claim including his P60 for the year proceeding the incident, a statement from the Department of Social Protection to show the amount of any social welfare payments received by the applicant and original receipts for all out of pocket expenses.
17. The applicant’s legal representative informed the Tribunal by letter on [ ] that the applicant wished to pursue his application.
18. On [ ], the secretariat of the Tribunal wrote to the applicant’s legal representative seeking the documents listed in the letter of [ ], and, in absence of same, informing the applicant that the applicant’s file would be sent to a Member of the Tribunal for determination.
19. No response was received to the letter of [ ], and the documents sought were not submitted to the Tribunal.
20. The following documents were furnished to the Tribunal Member for decision:
a. Application form completed by the applicant and his legal representative and signed on [ ] under cover of letter from his legal representative dated [ ];
b. Personal statement of the applicant dated [ ], submitted with his application form;
c. Correspondence between the secretariat of the Tribunal and An Garda Siochana regarding a Garda report, and a Garda Report under cover of letter dated [ ];
d. Medical reports dated [ ] and [ ] of [ ], [ ], [ ];
e. Letter from [ ] of Further Education dated [ ];
f. Correspondence between the secretariat of the Tribunal and the applicant’s legal representative regarding submission of documentation.
21. Arising from the foregoing a number of issues arise which will be dealt with in turn:
22. Paragraph 21 of the Scheme in place at the time of the applicant’s application 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.”
23. The applicant received his injuries on [ ], but the application was not received by the Tribunal until [ ], some three years post-incident.
24. It is clear from the applicant’s claim and the Garda report that the applicant provided two detailed statements to An Garda Siochana within days of the incident occurring. The applicant also prepared a complete, signed, personal statement on [ ].
25. While it is accepted that within the three month period following the incident, the applicant was undergoing medical treatment, there is no information before the Tribunal to explain why the applicant was not able to make an application to the Tribunal, or to instruct a solicitor to do so on his behalf within the requisite time period.
26. There is also no information before the Tribunal to show that any of the circumstances of this case justify exceptional treatment, and to allow the application despite its late submission.
27. Therefore, the application must be refused on the basis of Paragraph 21 of the Scheme.
28. It is noted that Paragraph 15 of the scheme which was in place at the time of the events which gave rise to this application:
29. “Compensation will be reduced by the value of the entitlement of the victim or claimant to social welfare benefits payable as a result of the injury and will be reduced, to the extent determined by the Tribunal, in respect of the entitlement of the victim to receive, under his conditions of employment, wages or salary while on sick leave.”
30. The Tribunal may only make a determination of compensation based on original receipts and other vouched expenses provided by the applicant to the Tribunal.
31. On [ ], the secretariat of the Tribunal wrote to the applicant’s legal representatives asking the applicant to submit any vouching documentation to support the application for compensation. There was no response to this letter.
32. The applicant did not provide any details of any direct loss of earnings which arose as a result of his injuries, or the value of any social welfare payments received, despite being requested to do so by the secretariat of the Tribunal.
33. It is observed that without evidence of the expenses incurred, particulars of miscellaneous expenses or any documentation relating to employment-related income since the incident, there is no information upon which the Tribunal can base an assessment of compensation, having regard to the value of any social welfare benefits received by the applicant.
34. The Tribunal finds that because of the integral nature of the documentation sought to the decision-making process, and the elapse of time with no communication from the applicant (despite request), that there has been a failure to give reasonable assistance to the Tribunal.
35. On the basis of Paragraph 15 of the Scheme, the application must be refused.
Peter Stafford BL
11 May 2022