51842 (17 February 2024)

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: 51842

Date of incident: [ ]

Date of application: [ ]

Decision outcome: Award of €136

1. [ ] (“the applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. On the [ ], the applicant alleges that she was assaulted on a number of occasions by her former partner, [ ] (“the offender”). The offender’s [ ] and the applicant was accompanying the offender to [ ]. The first assault took place on a [ ]. Subsequently, the applicant was assaulted on a number of occasions later that night in the offender’s parent’s residence in [ ]. The applicant was punched, slapped and kicked by the offender. She was also struck with a [ ]. The applicant sustained cuts and bruising and soft tissue injuries to multiple parts of her body together with a laceration to her [ ].
3. The applicant was treated in [ ] General Hospital. Subsequently, she received further treatment in [ ]. She also developed symptoms of PTSD. She attending counselling and Victims Support.
4. The assaults were reported to [ ] Garda Station on the [ ]. Ultimately after speaking with the offender and carrying out rudimentary investigations, the Garda took no further action. The Gardai were of the opinion that the applicant’s injuries were sustained elsewhere, possibly in an altercation with another [ ] in, previous to arriving in [ ].
5. The applicant was distressed by the manner in which the Garda treated her and by the manner in which they conducted the investigation into the incidents. She complained to the Garda Ombudsman.

6. The applicant’s was not working at the time of the incident.

7. The applicant was required to fly back to Ireland to make a Garda Complaint. These flights cost £115.92 (€136).

8. This application was submitted to the Tribunal almost sixteen months after the date of the incident. Paragraph 21 of the (pre-April 2021) Scheme 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”. The applicant advised the Tribunal that the delay arose because she was suffering from PTSD. The Tribunal accepts that these symptoms hindered the applicant making the application within the stipulated three month deadline. Accordingly, the Tribunal finds that applicant was unable to make the applicant any sooner than she did. The forgoing circumstances justify exceptional treatment and the Tribunal admits this application to the Scheme for consideration.

9. The Tribunal finds that there is no evidential basis to suggest that the applicant’s injuries occurred in [ ]. Unfortunately, she did not receive any justice in the criminal proceedings in Ireland. However, the Tribunal has no doubt that the applicant was assaulted by the offender as alleged. It is abundantly clear from the papers presented to the Tribunal that the offender is a dangerously violent and volatile individual. The applicant previously had to obtain a restraining order against him. He [ ] for his behaviour on the [ ]. The applicant was the victim of multiple counts of domestic violence at the hands the offender, both previous and subsequent to the incidents the subject of this application.

10. The Tribunal has no doubt that the applicant sustained physical and severe psychiatric injuries that will no doubt continue to have a profound and indefinite effect on her. Unfortunately, it is not within the remit of the Tribunal to award compensation for pain and suffering. The Tribunal can only make an award in respect of vouched out-of-pocket expenses. The Tribunal makes an award to the applicant in respect of her vouched out of pocket expenses in the sum of €136.

David Culleton

Member of the Criminal Injuries Compensation Tribunal

17 February 2024