Foilsiú
52288 (11 November 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: 52288
Date of incident: [ ]
Date received: [ ]
Decision: No award.
1. The applicant was attacked outside his partner’s home and [ ] in the assault. The matter was reported to the gardai and a criminal prosecution took place.
2. In the aftermath of the assault the applicant and his partner and children were subjected to significant abuse and attacks on their home. The garda report in this matter states that the applicant and his family were “ran out” of their local area as a result of the intimidation they faced. Criminal prosecutions were brought in respect of intimidation of a witness in connection with the criminal prosecution.
3. The perpetrator of the assault against the applicant received a [ ] year custodial sentence for his offences against the applicant and his partner.
4. Paragraph 21 of the Scheme 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 in this matter is significantly out of time. The applicant has provided a lengthy explanation for the delay with his application. The applicant outlines that he was considering pursuing civil proceedings however did not. The applicant states that he lodged a complaint with the Garda Siochana Ombudsman in relation to the incident. The applicant outlines that he suffered with depression as a result of the incident and the intimidation in the aftermath. The applicant and his partner had to leave their community as a result of the intimidation from the perpetrator of the assault and his associates.
6. The garda, in his report, states that he at all times found the applicant and his partner “to be highly cooperative and display great courage in pursuing justice when faced with such violence and threats.”
7. I accept that the applicant suffered greatly in the aftermath of the assault and that the circumstances justify exceptional treatment. I admit the claim for consideration.
8. The tribunal wrote to the applicant on [ ] requesting certain information. The tribunal did not receive a response to this letter.
9. The tribunal wrote to the applicant on [ ] asking if he wished to pursue his claim and if so to submit certain documentation. The tribunal did not receive a response to this letter.
10. Paragraph 11 of the Scheme provides that “no compensation will be payable to an applicant who has not, in the opinion of the tribunal, given the tribunal all reasonable assistance, in relation to any medical report that it may require, and otherwise.”
11. The applicant has failed to engage with the tribunal in relation to his claim and he has not replied to correspondence from the tribunal. Necessary documentation associated with the claim has not been submitted as requested. I am of the opinion that all reasonable assistance has not been provided to the tribunal in relation to this application. It is for the applicant to establish his case and that has not been done. I make no award.
Signed: Elizabeth Davey
Date: 11 November 2022