Publication
51202 (24 January 2023)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
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: 51202
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under 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’).
2. In his application for compensation under the Scheme, dated [ ] in respect of an incident which happened on the [ ] at [ ].
3. In his application form the Applicant detailed that he had a very limited recollection of the events surrounding his assault and had been informed by Doctors that he probably would never be in a position to fully remember. He was hospitalised for approximately two months following on from the assault and suffered injuries to his brain.
4. On the day in question the applicant detailed he “was in the company of a friend of mine. They were in the [ ]. He said he doesn’t recall how pints he had but it would have been a lot to drink. He stated that he could go out on the beer for days. He remembers being in the [ ] also. He said that [ ] who he was with at the time went outside to get [ ]. His next memory is waking up in hospital.
5. On reviewing CCTV footage An Garda Siochana were satisfied that [ ] had been involved in an altercation with another male at [ ] on the [ ]. The other male is seen to repeatedly kick and stamp him on the head before walking away. He unfortunately remained on the ground until approximately [ ] when discovered by another party. It was noted that himself and his drinking friend were intoxicated by mid-afternoon. It would appear from the Garda investigations that the applicant had been involved with a [ ] girlfriend on the night in question. However, he [ ] was fatally wounded on the [ ]. Arising from his demise the investigation concluded in [ ].
6. The Applicant had previous convictions of a minor nature.
7. A medical report was submitted by his Vascular Surgeon stating that the injuries received were consistent with blunt forced trauma but the injuries in respect of brain disfunction could be attributed to blunt force heard trauma but also could be attributed at least and part to the toxic substances found in his urine.
8. On the [ ] the Tribunal wrote to the Applicant’s Solicitors Messrs. [ ] & Company. They acknowledged receipt of his application and detailed that a copy of the Garda Report would be forwarded in due course.
9. It is noteworthy that in respect of the question 2(f) on the application regarding the application being delivered outside of the three months time limit the Applicant states “I was hospitalised for approximately two months following on from the assault. I suffered injuries to my brain and suffered memory loss to such an extent that investigation Gardai have only been in a position to take a formal statement from me on the [ ]. I am only now able to get my life back on track.”
10. On the [ ] the Applicant’s Solicitors were written to with the Garda Report for information and comment. In addition details of the out of pocket expenses were sought including details of loss of earnings.
11. On the [ ] the Applicant’s Solicitors responded to the letter of the [ ] enclosing a copy of the medical report prepared by [ ] and advising that they were “currently acquiring information as to the losses and expenses incurred by the victim’s mother as a result of her son’s injuries and will forward same when it comes to hand.”
12. No further information was submitted.
13. The Applicant’s Solicitors were written to on the [ ] in the following terms: “with reference to the above application and to our previous correspondence [ ] a copy of which is enclosed please inform this office in writing if your client still wishes to pursue this matter. If so please forward the documentation required including original receipts and vouching document with regard to your client’s out of pocket expenses arising from his personal injuries. If this office does not hear from you by the [ ] this file will be sent to a member for decision.” That correspondence was returned by An Post and the Tribunal wrote to the Applicant directly on the [ ] enclosing a copy of that letter and in similar terms advising that the matter would be placed before a member for decision. Nothing further has been heard.
14. 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”. No details of out of pocket expenses have been submitted. No vouching documentation has been submitted. On the balance of probabilities it is impossible for the Tribunal to determine whether compensation will be payable in excess of €63.50.
15. The Tribunal does not propose therefore to deal with the issue of delay as this matter clearly does not fall within the admit of Article 9 and accordingly the application is dismissed.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
24 January 2023