Foilsiú
50173 (31 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.
Criminal Injuries Compensation Tribunal
Scheme of Compensation for Personal Injuries Criminally Inflicted - General Scheme
Single Member Decision
Application of [ ]
Application number: 50173
Name of applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Decision: No award.
The Applicant states that he was the victim of a violent crime which occurred on the [ ] at [ ]. The Applicant states that he and his brother were walking to collect his sister, who had been babysitting, when they were attacked by a group of young men and were subjected to an assault and stabbing. [ ] sustained a number stab wound to his back and lower chest area. He was also struck with [ ] or implement and lost consciousness. He was conveyed by ambulance to the [ ] Hospital and required general surgery.
The incident was reported to An Garda Siochana shortly after it occurred. The matter was investigated and the perpetrators were identified and prosecuted. The main perpetrator, [ ], was sentenced to [ ] years imprisonment with the final [ ] years suspended. [ ] received a [ ] sentence which was fully suspended. The Applicant received payment of [ ] compensation from [ ].
The General Scheme provides that the Tribunal may pay compensation for out-of-pocket expenses in respect of personal injury, where the injury is directly attributable to a crime of violence, subject to the provisions of the scheme. Amounts claimed must be vouched and/or supported by appropriate documentation. The Tribunal is entirely responsible for deciding in any particular case whether compensation is payable under the scheme.
Paragraph 21 of the Scheme (pre-April 2021) 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”. In this case the application was received on the [ ] and was substantially late, being submitted more than three years after the incident occurred.
Paragraph 11 of the Scheme (pre-April 2021) 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 it may require, and otherwise”.
The Applicant has not at any time to date submitted documentation vouching his claim for loss of earnings and/or out-of-pocket expenses. The Applicant has not communicated with the Tribunal in relation to the matter for many years. The Tribunal more recently wrote to the Applicant on [ ] (note: this appears be a typographical error and should correctly read [ ] noting the failure to respond to earlier correspondence and requiring a response by [ ] confirming whether the Applicant intended to pursue his application and submitting the necessary documentary evidence supporting a claim for loss of earnings or any out-of-pocket expenses being claimed. The Tribunal noted that if no reply was received by that date, the application would be forwarded to a member for decision.
The application was received on the [ ] and was substantially late, being submitted more than three years after the incident occurred. The application is inadmissible under Paragraph 21.
The Tribunal has not received documentation from the Applicant supporting any financial claim under the Scheme. The Applicant has not communicated with the Tribunal for many years. In the circumstances, the Tribunal finds that the Applicant has not given the Tribunal all reasonable assistance as required by Paragraph 11 and has not vouched his claim.
The Application does not meet the requirements of Paragraphs 11 and 21 of the Scheme and the Tribunal therefore makes no award.
Dated the 31st day of August 2022
Cathal Lombard
Tribunal Member