Foilsiú
52250 (25 January 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: 52250
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is dismissed under Article 1 and Article 9 of the Scheme.
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’) on the [ ] through his Solicitors [ ] Solicitors in respect of an incident which occurred on the [ ].
2. In the application form the Applicant described an incident which occurred at [ ]. His friend was attacked that night by a group. He ran away to the Applicant’s house. The Applicant went outside the house and this group who had followed were very aggressive. He was suddenly hit in the head by [ ] on the right temple.
3. He suffered a head injury, an eye injury, a cheek bone broken and the temple on his right side, damage to his eyebrow and bone smashed. He received treatment in [ ] Hospital and [ ] Hospital.
4. In special features he stated that his check bone is replaced with metal on the temple side. He was still absent from work and described that he would need further clinic appointments.
5. He detailed his expenses as travelling from home to [ ] Hospital and clinic appointments.
6. He expressed concerns about being able to return back to work.
7. In the covering letter of the [ ] the Applicant solicitors stated “We understand that our client’s claim will relate to medical and other expenses and we are obtaining details of same and will submit them to you shortly.”
8. The Tribunal wrote and acknowledged the application on the [ ] and drew the Applicant’s Solicitors attention to Article 21 of the Scheme which provides “applications should be made as soon as possible but accepted circumstances determined by the Tribunal to justify exceptional treatment not later than three months after the event giving rise to the injury. ”.
9. In due course a copy of the Garda Report was requested but no response has been received from An Garda Siochana.
10. In addition no further details were supplied by [ ] Solicitors.
11. On the [ ] the Secretariat wrote to [ ] in the following terms: “I refer to your client’s application to the Tribunal and enclose a copy of Tribunal letter dated [ ] to you for ease of reference. Please say if you propose to pursue this application to the Tribunal and if so please furnish all documents you wish a Tribunal member to consider by the [ ]. Your clients application will be forwarded to a Tribunal member for decision with documents that are already on file shortly thereafter.
12. No response has been received to that letter.
13. The Tribunal is in considerable difficulty in as much as it has an application alleging a crime of violence but no report from An Garda Siochana supporting that allegation.
14. Article 1 of the scheme provides “The Criminal Injuries Compensation Tribunal established under paragraph 17 of the scheme may grant ex gratia compensation in accordance with this scheme in respect of injury where the injury is directly attributable to a crime of violence”.
15. Further more 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 £50 (€63.50) should be awarded”.
16. In this case there is no objective evidence currently before the Tribunal as a matter of probability to establish that the alleged injuries were incurred as a result of a crime of violence.
17. Furthermore it impossible as a matter of probability for the Tribunal to determine that any compensation if such is merited under the scheme is in excess of €63.50.
18. Accordingly the application is dismissed under Article 1 and Article 9 of the Scheme.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
Date: 25 January 2023