Foilsiú
50971 (30 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: 50971
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under Article 9 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. His application for compensation under the Scheme, was lodged with the Criminal Injuries Compensation Tribunal and noted received on the [ ] via his solicitors [ ] Solicitors in respect of an incident which occurred on the [ ] at [ ].
The Applicant states that on the evening in question he went for a drink with friends. He was in “[ ].” He turned around to face the dance floor and got a bottle smashed against his head. He was able to identify his assailant who he tackled but the security guards removed both of them outside. He went to the [ ] Hospital and received five stitches to his forehead.
In the application form he states at question 2(f) “we had made several attempts to get in contact with Garda [ ] of [ ]. See letters attached for specific details surrounding the incident and were given no response”.
An Garda Siochana reported that they responded to a fight at [ ] in [ ] and on arrival two males were being restrained by security staff. They reported that the applicant was violent towards Gardai and appeared to be under the influence of an intoxicant. He claimed to have been hit by a bottle. No criminal proceedings were taken in respect of the incident.
3. Article 20 of the scheme (previously Article 21) it provides “application 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”.
The Applicant Solicitors engaged in considerable correspondence with the Tribunal from the time that they lodged the application form. They were written to on the [ ] and a copy of the Garda Report was forwarded to them and they were also asked to submit details of the losses. Their response of the [ ] took issue with the Garda Report but did not actually put forward details of any losses.
4. Article 9 of the scheme provides “no compensation will be payable unless the Tribunal is satisfied that the injury is such that compensation of not less than €500 should be awarded”.
No details of any losses have been submitted to the Tribunal to enable the Tribunal to determine whether it comes within the ambit of the scheme.
5. In addition the Tribunal has already referred to Article 20 (previously 21) of the scheme. The application was submitted on the [ ]. The latest date it should have been submitted was the [ ]. No circumstances have been submitted to the Tribunal for determination to justify exceptional treatment.
6. Under the circumstances the application is dismissed under Article 9 and Article 20.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
30 May 2022