Foilsiú
50750 (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.
File Number – 50750
Criminal Injuries Compensation Tribunal
Applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
On the [ ] at approximately [ ] the Applicant left [ ] to walk through the [ ] Shopping Centre in [ ] when he was assaulted in an unprovoked attack by a [ ] who hit him once to the face knocking him to the ground. As the Applicant lay on the ground he was hit twice or three times more in the head and face area and was seriously injured. The perpetrator was convicted and ordered to pay [ ] to the Applicant with [ ] to be paid immediately. By letter dated the [ ] the Applicant’s solicitors wrote to the Criminal Injuries Compensation Tribunal and outlined that the Applicant had suffered a head injury and was hospitalised for a period of approximately three weeks. Thereafter he was unable to work until about September of that year, it was submitted that he was totally unaware of the existence of the Criminal Injuries Compensation Tribunal. The Applicant’s solicitor set out that the entire matter was handled by An Garda Síochána and it was not until the matter was ultimately dealt with in [ ] Court on the [ ] did [ ] advise the Applicant consider an application to the Tribunal. The Applicant’s solicitor noted that while the Judge had ordered the payment of [ ] the Applicant had not received any of that payment. The Applicant’s solicitor set out that should he receive the full payment this may exceed his claim to the Criminal Injuries Compensation Tribunal. The Applicant’s solicitors estimated the Applicant’s loss of earnings in his claim form as approximately €9,000. The Applicant’s solicitors stated that they were waiting for evidence of his pre-incident earnings and also that they had written to the Department of Social Welfare in respect of his social welfare benefits during the period of absence from work.
Paragraph 20 of the Scheme provides “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. No applications may be accepted by the Tribunal where the event giving rise to the injury took place more than two years prior to the date of application”.
In the circumstances where the application was made outside the time limits provided for within the Scheme, the Tribunal finds that no circumstances exist so as to justify exceptional treatment of the application for extending the time limit. The application is deemed to have been received outside the time limits provided for within the Scheme.
The Tribunal wrote to the Applicant’s solicitors on the [ ] asking whether the Applicant intended on pursuing the application and in the absence of hearing from them the file would be sent to a Tribunal member on the [ ] for a decision. While it is clear that the Applicant suffered a serious unprovoked assault and injuries as a result of that assault no vouchers or receipts have been received from the Applicant to evidence loss of earnings or any other special damages in the claim. In the circumstances the Tribunal makes no award in this instance.
Dated: 13 May 2022
Signed: Mema Byrne BL