Publication
50415 (2 March 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: 50415
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Application refused under Paragraph 21 of the Scheme.
1. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’). The Applicant submitted a completed application form in respect of his claim which was received by the Tribunal on [ ], over four years post incident.
2. The Applicant states that on the night of [ ] he was socialising with friends in the [ ] area of [ ]. At approximately 1-1.30am the Applicant was walking along [ ] with his friend when they were approached by 4/5 males who the Applicant believed had been drinking. The males asked the Applicant and his friends for cigarettes and when the Applicant replied that they had none the males began to fire missiles, including bottles, one of which struck the Applicant in the right eye. Upon being hit by the bottle the Applicant states that he could not see from his right eye. The Applicant states in his application form that he suffered multiple perforations to his right cornea from the attack.
3. Gardaí were called and arrived shortly thereafter. The Applicant was offered an ambulance which he declined as he wanted to go home. The Applicant was subsequently brought to [ ] Hospital by his mother and later transferred to the [ ] Hospital. He underwent and operation on his eye and remained in hospital for seven days before discharge.
4. Correspondence received from An Garda Síochána confirms that the matter was formally reported to Gardaí at [ ] Garda Station but no suspects were apprehended. This correspondence also confirms that the Applicant has eleven previous convictions for public order, larceny, criminal damage and drug offences.
5. It appears from the file that the Applicant, having made a complaint to Gardaí, withdrew his statement, thus hindering the Garda investigation.
6. The Applicant has not provided any details of loss to the Tribunal.
7. The Tribunal wrote to the Applicant on [ ] acknowledging receipt of the Applicant’s application and seeking further information in respect of the Applicant’s claim. No response to this correspondence was received.
8. The Tribunal wrote to the Applicant’s solicitor on [ ] drawing the provisions of Paragraph 23 of the Scheme to the Applicant’s attention (the duty to assist An Garda Síochána with their investigations). No response to this correspondence was received to this correspondence.
9. The Tribunal wrote to the Applicant’s solicitor on [ ], again drawing the provisions of Paragraphs 14 and 23 to the Applicant’s attention and further requesting details of the Applicant’s claim. No response was received to this correspondence.
10. The Tribunal wrote to the Applicant’s solicitor on [ ] enquiring whether the Applicant wished to proceed with his application for compensation and repeating its request for information sent in its letter of [ ]. No response was received to this correspondence and the application was sent for decision.
1. Paragraph 21 of the Scheme provides that:
‘Applications should be made as soon as possible but, expect in circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury…’
2. In the instant case the Applicant’s application was not received until [ ], over four years post incident. No explanation for the late application has been proffered by the Applicant and therefore the Tribunal must reject the application.
3. In the alternative, Paragraph 12 of the Scheme provides:
‘No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance...’
4. The application form, signed by the Applicant, confirmed his acceptance, under Part 9 (d), that he would provide all reasonable assistance to the Tribunal. In the Tribunal’s view, such an acceptance would clearly include an acceptance by the Applicant of any reasonable time limits which the Tribunal requested for the provision of information in relation to the claim.
5. The Applicant has failed to respond to repeated requests for information from the Tribunal to enable the progression of his claim for compensation.
6. The Tribunal is satisfied, on the basis of the above, that the Applicant has failed to comply with the duty imposed upon him pursuant to Paragraph 12 of the Scheme and that, as a result, no compensation should be paid in respect of this application.
7. N/A.
8. N/A.
9. N/A.
10. Nil.
Marc Murphy
Criminal Injuries Compensation Tribunal
2 March 2023