Foilsiú
51169 (19 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: 51169
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under paragraph 21 of the Scheme.
1. 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 stated that he was assaulted at [ ] on the [ ], from behind. He said he sustained serious injuries as a result of the assault, including stab wounds, a punctured lung and injuries to the back and head. There are, however, no medical reports on file in this respect.
3. The Applicant claims to have been an in-patient from the [ ] to the [ ] and again, from the [ ] to the [ ].
4. There is a Garda Report, on file, dated the [ ]. This states that [ ] has not made any statement or complaint to the Gardaí in relation to the said incident. The report stated that the [ ] family would not assist the Gardaí and none of them made reports. The report states that there was an altercation between the [ ] family and the [ ] Family, on [ ] and the Gardaí are of the opinion that this was how the injuries were received. Sergeant [ ] was present at the time and the report states that he was of the opinion that Mr [ ] was not stabbed from behind by an unknown party. [ ] has a number of previous convictions including road traffic matters, larceny and public disorder.
5. While the Applicant disputes the Gardaí’s version of events, there is another report from Sergeant [ ] dated the [ ], which states that neither the Applicant nor his family members ever made a complaint since the night in question. Furthermore, the report states that while the Applicant was injured that the Garda is of the opinion that any injuries arose as a result of a fight between the [ ] and the [ ].
6. The Applicant has not submitted any out-of-pocket expenses.
7. Paragraph 21 is relevant in this case as the application was not made as soon as possible or within the three-month time limit.
8. The application was made almost nine months after incident.
9. Paragraph 21 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’.
10. It is noted that the Applicant, in his application, states that the reason for his delay in submitting the application was due to the serious injuries caused to him, coupled with the fact that the attackers were unidentified.
11. The Tribunal finds notes that there are no medical reports on file to support the claim that an application could not have been submitted due to the serious nature of the Applicant’s injuries. It is noted that the Applicant has two short in-patient stays in hospital. The latest being from the [ ] to the [ ]. There is no suggestion that he was re-admitted to hospital after that. Furthermore, it is not relevant that the Applicant could not identify his alleged attackers. Such a lack of information does not prevent and Applicant from submitting an application to the Tribunal.
12. Having weighed and evaluated all the evidence before it, the Tribunal finds that there are no clear or coherent circumstances outlined by the Applicant such that would justify exceptional treatment to extend the time in this case. The Applicant’s claim must, therefore, fall at this juncture.
13. The Tribunal finds that the Applicant, therefore, should not be admitted to the scheme as his claim is outside the requisite three-month time period.
Majella Twomey
Criminal Injuries Compensation Tribunal
19 August 2022