Foilsiú
52132 (21 October 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: 52132
Date of incident: [ ]
Date of application: [ ] (date received by CICT)
Decision outcome: The application is refused under paragraph 21 of the Scheme.
1. The Applicant, [ ] has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In his application for compensation under the Scheme, received on the [ ], the Applicant stated that he was assaulted at [ ] by [ ] on the [ ].
3. There is a Garda Report, from Garda [ ] on file dated the [ ]. The report states that the on the [ ], the Applicant received a stab wound to the spine which initially caused paralysis to the right leg and reduced function to the left leg. The report states that after intensive treatment and rehabilitation, the Applicant can walk again. The offender was prosecuted and received a [ ]-year prison sentence in [ ] court. No compensation was paid.
4. The Applicant has not submitted any out-of-pocket expenses.
5. Paragraph 21 is relevant in this case as the application was not made as soon as possible or within the three-month time limit.
6. The application was made almost one year and three months after incident.
7. Paragraph 21 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’.
8. It is noted that the Applicant does not set out any reason for the delay in submitting the application. The Applicant’s Solicitor, [ ] submitted the form on the [ ]. The letter accompanying the application states that ‘we are aware that this application form is not complete, but we are anxious to lodge it immediately. We will be in touch in due course in relation to completing the application form’. The letter and the form are silent in relation to the lateness of the application.
9. The Tribunal notes that there is no further correspondence on file, either from the Applicant or his Solicitor, in relation to the application, notwithstanding the fact that the Tribunal wrote to the Applicant’s Solicitor on the [ ], and the [ ], asking for an update before the [ ].
10. Having weighed and evaluated all the evidence before it, the Tribunal finds that there are no clear or reasonable circumstances outlined by the Applicant or his Solicitors such that would justify exceptional treatment to extend the time in this case. While it is acknowledged that the Applicant suffered a most serious attack, there is no clear evidence before the Tribunal to show why the time should be extended.
11. The Tribunal finds that the Applicant, therefore, should not be admitted to the scheme as his claim is outside the three-month time-period.
Majella Twomey
Chairperson, Criminal Injuries Compensation Tribunal
21 October 2022