Foilsiú
50682 (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: 50682
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused.
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. The applicant advised the Tribunal that he was the victim of an assault in [ ] [ ]. The applicant alleges that he was stabbed in the [ ] by [ ] with a knife.
3. The applicant received treatment in A&E in [ ]. He sustained a rupture of his flexor tendon.
4. The applicant did not formally make a statement of complaint to the Gardai until the [ ], some 7 weeks after the event. It is unclear if the anyone was ever charged of prosecuted for the alleged assault.
5. The Tribunal has been provided with a Statement of Evidence from Garda [ ] of [ ] Garda Station, who investigated the incident. Garda [ ], who actually attended to the incident on the night of its occurrence, outlined that the applicant called to a house in [ ] looking to speak to [ ]. The applicant was highly intoxicated. Garda [ ] stated that the applicant attempted to gain entry into the house by [ ]. After failing to gain entry, he walked up the road and was found lying bleeding on the ground.
6. Garda [ ] also noted that the applicant has a number of convictions in respect of public order offences.
7. The applicant disputes Garda [ ] version of events. On the [ ], the applicant requested that proceedings be delayed until he queried the contents of the Garda Report with them.
8. Paragraph 1 of the (pre-2021) Scheme states that the Tribunal can only provide in respect of personal injury where the injury is directly attributable to a crime of violence. Further, paragraph 30 of the (pre-April 2021) Scheme states that: “The standard of proof which the Tribunal will apply to a determination of any claim will be the balance of probabilities.” Therefore, it is incumbent of the applicant to prove, on the balance of probabilities, that the incident in question is directly attributable to a crime of violence.
9. It is also noted that the applicant has not corresponded with the Tribunal for 13 years. Paragraph 11 of the (pre-April 2021) Scheme states that “No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance, in relation to any medical report that it may require, and otherwise” [emphasis added]. Therefore, the applicant has a duty to promptly progress his claim and cooperate with the Tribunal so that it can evaluate and conclude the claim.
10. While the Tribunal accepts that the applicant sustained a laceration to his arm, the Tribunal finds that the applicant has failed, on the balance of probabilities, to prove that his injuries are attribute to a crime of violence and therefore this matter falls outside the ambit of the Scheme.
11. In circumstances where the applicant has not proven that his claim falls to be determined under the terms and conditions of the Scheme, it is not necessary for the Tribunal to make any further determinations on the other provisions of the Scheme that might apply to this matter. However, even if the claim had been found to fall within the ambit of the Scheme, it would have been dismissed because the applicant has failed to progress his claim and contact the Tribunal for almost 13 years. This contravenes paragraphs 11 of the Scheme.
David Culleton
Criminal Injuries Compensation Tribunal
13 May 2022