50433 (13 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: 50433
Date of incident: [ ]
Date received: [ ]
Decision: No award
1. On [ ] the applicant was doing an [ ] in [ ] and staying in the [ ]. In the early hours of the morning of [ ] there was a fire in [ ] and the applicant had to evacuate [ ]. She went to [ ] where she was treated for smoke inhalation. The gardai were called to [ ] and an investigation followed. No cause of the fire was established and no criminal prosecution was brought.
2. The application in this matter was received on [ ] almost six months after the incident giving rise to the application. 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."
3. No explanation for the delay in submitting the application has been provided by the applicant.
4. An extensive investigation was carried out by the gardaf and independent insurance fire examiners and the cause of the fire could not be established. In such circumstances I am not satisfied on the balance of probabilities that a crime of violence occurred.
5. I am not satisfied that there are circumstances that justify exceptional treatment in this application such that I would extend the three month time limit. Further, I am not satisfied that the applicant suffered personal injury directly attributable to a crime of violence. I make no award in this matter.
Signed: Elizabeth Davey
Date: 13 May 2022