Foilsiú
51051 (12 August 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: 51051
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No compensation payable as the application was received after the time limit provided in Article 20 of the Scheme, and further a failure to give all reasonable assistance under Article 10 of the Scheme.
1. Mr. [ ] (‘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 applicant (who was born on [ ]) outlined that he was assaulted at [ ] by passengers in his taxi. He states that he suffered a head wound, for which he required stitches. He also received a dental injury and he suffered from anxiety after the incident.
3. The Garda statement provided by Garda [ ] confirms that he was assaulted, and sets out that both suspected offenders were charged with assault causing harm.
4. Medical reports and dental reports were submitted on behalf of the applicant.
5. An invoice for hospital treatment in the sum of €66 dated [ ] was submitted. There is no explanation as to whether this treatment was as a result of the incident the subject matter of the application. There is no receipt in respect of any payment for this invoice.
6. A receipt for hospital treatment in the sum of €60 dated [ ] was submitted. As this date is prior to the incident in question, the treatment afforded to the applicant could not relate to the incident.
7. Receipts for dental treatment in the amount of €100 in total were submitted. It is further stated that the fee for the medical report provided was €104.87, but no receipt in respect of this expense was submitted.
8. Article 20 of the Scheme provides as follows:
“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 the application.”
9. As the application form was received on [ ], it was not submitted within the time permitted under the Scheme.
10. The applicant states in the Application Form to the Tribunal that the reason for the delay was as follows:
“Gardaí were investigating the matter + preparing a file for the DPP + were not in a position to disclose any documentation/information while those investigations were ongoing + before the DPP issued his recommendation to prosecute”.
11. The fact that Garda investigations are ongoing is not an adequate reason to delay an application being made to the Tribunal.
12. I find that there are no circumstances supplied to the Tribunal which justify exceptional treatment to extend the time for the application and I therefore do not admit the claim for consideration.
13. The Tribunal wrote to the applicant’s solicitor on [ ], seeking further information from the applicant and also confirmation by [ ] that he wished to proceed with the application. There was no response to this correspondence.
14. The applicant has not replied to correspondence in relation to his claim before the Tribunal. Therefore, I find that he has not given all reasonable assistance to the Tribunal as required under Article 10 of the Scheme, and I find that no compensation is payable to the applicant.
15. I therefore decline to make any award.
Elizabeth Maguire
Criminal Injuries Compensation Tribunal
12 August 2022