Publication
50975 (30 May 2022)
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: 50975
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under Article 9 of the Scheme.
1. Mr [ ] (‘the applicant’), date of birth: [ ] has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. His application for compensation under the Scheme, was submitted on the [ ] relating to an incident which occurred on the [ ] near [ ] pub [ ]. The applicant states that he is a musician by trade and had been playing in [ ] pub on the night of the [ ]. He left the pub and crossed the road to a taxi rank. He said he was suddenly struck by two young men who came up to him and he fell to the ground unconscious. He believes that An Garda Siochana were called. He received a black eye and severe facial injuries with two upper teeth damaged. He went to hospital in [ ] the next day and was an inpatient for five days operated on by Mr [ ]. The Tribunal were notified on the [ ] and an application form was forwarded to his Solicitors [ ] on that date. However, an actual application form was not received by the Tribunal until the [ ]. The latest date for receipt for the Tribunal under Article 20 referred to hereunder was the [ ].
3. Article 20 of the scheme (previously Article 21) it provides “ application 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. No applications may be accepted by the Tribunal where the event giving rise to the Injury took place more than two years prior to the date of application”.
In relation to the late submission of the late application the Applicant’s Solicitors relied on the fact that they notified the Tribunal on the [ ]. It should be noted at this stage that the view of the Tribunal is that of itself this is not a circumstance for justifying exceptional treatment. However for later reasons set out there is no need to make a determination on this issue.
Garda [ ] gave an extensive statement on the [ ]. He states that the assault is alleged to have happened near [ ] bar and the laneway between [ ] and [ ]. The assault happened between 12 and 12.40am. Footage from 11.45pm to 1.45am showed no sign of any assault or the injured party. Enquiries were made to door staff of [ ] bar who were working on the night in question but they stated they did not see the assault. The only witness to the incident [ ] retracted a previous statement that she made concerning this matter.
A copy of the Garda Report was forwarded to the Applicants Solicitors on the [ ]. Attention was drawn to Article 14 of the scheme.
The Applicant was invited to submit details of special damages.
No response was received to the correspondence or to the issues raised regarding Article 14.
On the [ ] the Secretariat wrote again to [ ] Solicitors. No response has been received to that correspondence. In that correspondence they sought the details previously requested on the [ ].
4. 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 €500.00 should be awarded”. No vouched losses have been submitted in connection with this matter. It is impossible for the Tribunal to determine whether the application meets the requirements of Article 9 of the scheme and accordingly is refused.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
Dated: 30 May 2022