Foilsiú
51926 (7 December 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: 51926
Date of incident: [ ]
Date received: [ ]
Decision: No award.
1. The applicant was requested by a friend of his to attend an organized fight between his friend’s son and another. This organized fight was attended by a number of people. When the fight was over and the parties were dispersing some comments were exchanged and the applicant tripped over a curb and was beaten while on the ground. The applicant received a significant laceration to his face which has led to hearing and sight difficulties.
2. The matter was investigated by the gardaí and a report is on file. No prosecution took place due to the lack of independent witnesses.
3. The application in this matter was received almost two years after the incident giving rise to the claim.
4. Paragraph 21 of the Scheme provides 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”.
5. In a letter to the tribunal received on [ ] (prior to the application form being received) the applicant set out various steps he had taken in relation to the incident. He outlined delays in receiving documents from the gardaí and that he had to wait six months for an appointment with the legal aid board. The applicant does not address the reason for the delay in submitting an application to the Criminal Injuries Compensation Board in this letter.
6. On [ ] the tribunal wrote to the applicant asking him to provide an explanation as to why the application was received outside of the three month time limit. The tribunal also identified that certain pages of his application were missing and asked him to fill these pages in.
7. On [ ] the tribunal received a response from the applicant. In relation to the delay in submitting the application he states “in all fairness a claim was the least of my worries at that time and for the record I never made a claim in my lifetime, I was so traumatized and so was my wife and children, me and my family were looking for justice but we got no justice, just injustice”.
8. The application in this matter was received almost two years after the incident. The time limit provided for in the Scheme is three months. The tribunal may only admit applications after the three month time limit in circumstances determined by the tribunal to justify exceptional treatment. While I appreciate that the applicant had a difficult time in the aftermath of this incident it is apparent that a number of steps were taken in relation to liaising with the gardaí and the legal aid board. It is not apparent why an application form could not have been submitted to the tribunal within the time limit. I am not satisfied that the circumstances outlined justify exceptional treatment. I do not admit the application in this matter.
9. I make no award in this matter.
Signed: Elizabeth Davey
Date: 7 December 2022