Foilsiú
53537 (23 July 2023)
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: 53537
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under Article 20 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. The Applicant lodged an application for personal injuries with the Criminal Injuries Compensation Tribunal on the [ ] in respect of an incident which occurred on the [ ]. In his application form the Applicant stated that the incident happened at the [ ] and the [ ] in [ ].
3. He outlined that the injury occurred between [ ] and [ ]. At that time the Applicant was aged between [ ] and [ ] years of age. The details of the injury were that it was a sexual assault over a long period of time perpetrated on the Applicant. The Applicant was approximately [ ] years of age at the time of submitting the application form. According to An Garda Siochana the incidents occurred in [ ], a date unknown, [ ], [ ], [ ], [ ] and [ ]. The incident was reported to An Garda Siochana on the [ ] by [ ]. The nature of the injuries involved were systematic rape and sexual abuse and it seems that the Applicant along with [ ] other members of family were all sexually abused by a close family friend. The attacker was subsequently arrested and convicted in respect of the incidents and sentenced to [ ]. The description given by the Applicant to An Garda Siochana in his statement is extremely harrowing. The Tribunal have had correspondence with the Applicant’s Solicitors in [ ] and the Tribunal has noted that correspondence.
4. Article 20 of the scheme (previously Article 21) it 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”.
5. The application form was submitted some eleven years post the incident of the [ ]. At the time of the attack the Applicant was clearly under age. However, he came of age on the [ ]. The application form was submitted nearly [ ] years after he attained his majority. The application form at Clause 2(f) states: “if it is over three months from the date of incident to date of submission of application please give reasons for the delay as required under Article 21 of the scheme”. This section of the application form was left blank. The correspondence from the Applicant’s Solicitors does not address this particular issue and accordingly no circumstances have been submitted to the Tribunal to enable a determination to be made as to whether exceptional treatment is justified in this particular case.
6. In addition no details of any out of pocket expenses have been furnished and paragraph 6 of the application form simply states “to be ascertained”.
7. Currently 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”. The previous limit was €63.50.
8. The Applicant has not submitted any circumstances to the Tribunal to enable the Tribunal to determine whether exceptional treatment applies and accordingly the application is dismissed under Article 21 (now Article 20) of the scheme.
9. In addition the Tribunal even if the Applicant were able to get over the hurdle of Article 21 of the scheme it is not in a position to make any award as the Tribunal is not satisfied that injury is such that compensation of €63.50 under the old scheme or indeed €500 under the new scheme should be awarded.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
23 July 2023