Foilsiú
52823 (27 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: 52823
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. On the [ ], the applicant alleges that [ ] was the victim of an assault by [ ] and [ ] in the car park of [ ].
3. The applicant allegedly sustained a [ ]. The applicant suffered from dizziness for three weeks after the incident.
4. The applicant advises that the incident was reported to [ ] Garda Station. The Gardai have advised that both offenders were due before the [ ] District Court in [ ]. It is unclear if the offenders were prosecuted.
5. The applicant is claiming that he was unable work for about three weeks. He availed of Social Welfare payments of €469.20 between [ ] and [ ].
6. The Tribunal wrote to the applicant’s solicitor on the [ ] and enquired if the applicant wished to pursue his application. The Tribunal advised the applicant that the file would be forwarded to a Member of the Tribunal for a decision if no response was received by the applicant by [ ]. No response was received from the applicant to this correspondence.
7. This application was received to the Tribunal almost 6 months after the incident. Paragraph 21 (of the pre-2021 Scheme) 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”. The applicant advised the Tribunal that the delay occurred because he was “dealing with a solicitor in [ ] and after 6 months, he said, that he is not able to help me”.
8. The applicant has not presented any medical reports to the Tribunal to verify his alleged injuries. The applicant has not corresponded with the Tribunal for almost seven and a half years.
9. The application has not been made within the three-month time limit as stipulated by paragraph 21 of the Scheme. The Tribunal finds that the applicant has not put forward sufficient reasons that justify exceptional treatment. The applicant has failed to advise the Tribunal of the name of his solicitor, proof that he instructed a solicitor and the basis upon why he instructed his solicitor. There is no evidence to suggest that the applicant instructed his solicitor to present a claim to the Tribunal. Even in the event that the applicant could prove any or all of the foregoing, the lack of inaction by a solicitor is not a basis upon which the Tribunal will exercise its discretion to extend time. The simple fact of the matter is that the applicant could have made the application on his own behalf, within the appropriate time limit, as there is no necessity whatsoever to engage a solicitor. No medical evidence has been presented to the Tribunal to suggest that applicant was delayed in making the application due to any physical or mental impairment. Regretfully, for this reason, the application must be refused.
10. In circumstances where the application has not been admitted, 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 or make any determination on the assessment of out-of-pocket expenses.
David Culleton
Member of the Criminal Injuries Compensation Tribunal
27 May 2022