Foilsiú
50613 (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: 50613
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 no compensation is payable due to the failure cooperate with the Gardaí under Article 22 of the Scheme, and further a failure to give all reasonable assistance under Article 10 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 her application for compensation under the Scheme, received on [ ], the applicant (who was born on [ ]) outlined that she was assaulted at her then home on [ ]. She describes how a person broke into her home and that she was hit over the head with a [ ], dragged up and down stairs and had a knife put to her throat. She describes how she has a lump at the back of the head as a result and that she was unable to sleep after the incident. She also outlines how she lost her job as a result of not being able to sleep. She states that she was advised by Gardaí not to make a complaint for a prosecution as she would be killed if she did.
3. No medical report or dental report was submitted. The applicant claimed a taxi fee of €28 and the sum of €119 which she states is the value of her mobile phone which was stolen during the course of the incident. No vouchers or receipts were supplied.
4. A Garda Report prepared by Garda [ ] dated [ ] was supplied to the Tribunal. This Garda Report states that the applicant did not report any injuries to Gardaí on the night in question except that she was dragged by the hair and threatened. It is stated that she did not make any complaint in relation to any incident which was alleged to have occurred. Garda [ ] states that the applicant did not cooperate with the Investigating Garda. He said that therefore it is unclear as to what exactly happened during the incident. Neither the applicant nor her mother would make a statement to assist the Garda Investigation. Garda [ ] states that Garda [ ] encouraged the applicant to make a statement of complaint given the fact that a named person was caught in extremely suspicious circumstances. Garda [ ] outlines the 20 previous convictions of the applicant.
5. 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.”
6. As the application form was received on [ ], it was not submitted within the time permitted under the Scheme.
7. There is no specific explanation supplied by the applicant for why the application form was not submitted within the three months provided for under the Scheme.
8. In the circumstances I find that there are no circumstances supplied to the Tribunal which justify exceptional treatment and I therefore do not admit the claim for consideration.
9. Article 22 of the Scheme provides as follows:
"To qualify for compensation it will be necessary to indicate to the Tribunal that the offence giving rise to injury has been the subject of criminal proceedings or that it was reported without delay to the Gardaí or to the Garda Síochána Ombudsman Commission (GSOC) in any case where the crime is alleged to have been carried out by a member of An Garda Síochána. However, the Tribunal will have discretion to dispense with this requirement where they are satisfied that all reasonable efforts were made by or on behalf of the claimant to notify the Garda Síochána or the GSOC as the case may be, of the offence and to cooperate with them."
10. The applicant did cooperate with the Gardaí in that she refused to make a statement.
11. I therefore find that the Applicant has not satisfied the requirement in Article 22 of the Scheme to cooperate with the Gardaí, and therefore her claim does not fall within the ambit of the Scheme.
12. Further, the Tribunal wrote to the applicant on [ ], seeking further information from the applicant and also confirmation by [ ] that she wished to proceed with the application. There was no response to this correspondence.
13. The applicant has not replied to correspondence in relation to her claim before the Tribunal. Therefore, I find that she has not given all reasonable assistance to the Tribunal as required under Article 10 of the Scheme.
14. I find that no compensation is payable to the applicant as she has not complied with Article 20 of the Scheme in that her application was not submitted within the time allowed by the Scheme, she has not complied with Article 22 of the Scheme in that she has not cooperated with the Gardaí, and she has not complied with Article 10 of the Scheme.
15. I therefore decline to make any award.
Elizabeth Maguire
Criminal Injuries Compensation Tribunal
27 May 2022