Foilsiú
51670 (20 September 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.
Criminal Injuries Compensation Tribunal
Scheme of Compensation for Personal Injuries Criminally Inflicted - General Scheme
Single Member Decision
Application of [ ]
Application number: 51670
Name of applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Decision: No award.
The Applicant applied to the Tribunal arising from an incident which occurred in the early hours of the [ ] at [ ]. The Applicant was walking along the street with his friend when they were approached and attacked by two males. They ran in opposite directions, however the assailants caught the Applicant and proceeded to seriously assault him causing to sustain personal injury. He was later treated at the [ ] Hospital for his injuries.
The Applicant was taken by his friend to [ ] Garda Station, where an Ambulance was called and the Applicant was conveyed to the [ ] Hospital. Members of An Garda Siochana met with the Applicant at the hospital and took details. This is referred to in the Application Form as a statement, however the Tribunal is of the view that on the balance of probabilities this was unlikely to have been a formal statement of complaint. The Garda Report states that “...despite numerous attempts by D/Garda [ ] to contact Mr. [ ] on the telephone number he supplied, he has never returned any calls. Several messages were also left on his voicemail to no avail. The address supplied was also called upon several times and calling cards left for Mr. [ ] to make contact with D/Garda [ ] to progress the investigation but he has never made any contact. Following the failure of Mr. [ ] to make contact with Gardai it was not possible to further the investigation”. There were criminal proceedings or civil proceedings against any party. The Applicant has not received payment of compensation at any time arising from the incident.
The General Scheme provides that the Tribunal may pay compensation for out-of-pocket expenses in respect of personal injury, where the injury is directly attributable to a crime of violence, subject to the provisions of the Scheme. Amounts claimed must be vouched and/or supported by appropriate documentation. The Tribunal is entirely responsible for deciding in any particular case whether compensation is payable under the scheme.
Paragraph 21 of the General Scheme (pre-April 2021) states 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”. In this case, the application was received on the [ ] and whilst marginally outside the time period, the Tribunal determines that the circumstances as a whole justify exceptional treatment give the margin of lateness.
Paragraph 23 of the General Scheme (pre-April 2021) states that “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. 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 of the offence and to cooperate with them.”
The Applicant states that he was the victim of a crime of violence which occurred on the [ ] at [ ] when he sustained personal injury.
In this case, there is no record of any criminal proceedings relating to a crime of violence perpetrated against the Applicant. There is no record of any formal statement of complaint to An Garda Siochana or co-operation with a Garda investigation in relation to the incident. In fact, despite many efforts, the Applicant failed to have any further contact with Gardai and prevented the proper investigation of the offence.
In the circumstances, pursuant to Paragraph 23 of the Scheme, the Tribunal makes no award.
Dated the 20th day of September 2022.
Cathal Lombard
Tribunal Member