Publication
52456 (11 July 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: 52456
Date of incident: [ ]
Date of application: [ ]
Decision/outcome: The application is refused.
1. Mr [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. The applicant advised the Tribunal that he shot in the left leg by [ ] (“offender”) on the [ ].
3. The matter was investigated by the Gardai in [ ] Garda Station. The applicant advises that the offender was subsequently charged and prosecuted.
4. The applicant was transferred by ambulance to [ ] Hospital. [ ] The applicant also required extensive treatment in the [ ] Centre in [ ].
5. The applicant was not working at the time of the incident. He had been availing of disability benefit for over 20 years. The applicant is making a claim in respect of travelling expenses. These expenses have not been vouched.
6. This application is late. It was received to the Tribunal over four years and five months after the incident. Paragraph 21 (of the pre-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 stated that he did not know about the Scheme. He also stated that he only got out of the [ ] in [ ]. Further he stated that his sister had asked a solicitor about the Scheme, but she was told that the applicant would have to claim from the suspects first of all.
7. Further, the applicant has not corresponded with the Tribunal since [ ], over 9 and a half years ago. He has failed to fully vouch all the heads of claim put forward as requested by the Tribunal. The Tribunal wrote to the applicant on [ ] seeking vouchers in respect of all out-of-pocket expenses claimed. The Tribunal advised the applicant that the file would be sent to a Member for a decision if no response was forthcoming by [ ]. No response has been received from the applicant to this letter. Paragraph 11 of the (pre-April 2021) Scheme states that “No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance, in relation to any medical report that it may require, and otherwise”. Therefore, the applicant has a duty to promptly progress his claim and cooperate with the Tribunal so that it can evaluate and conclude the claim.
8. The Tribunal has no doubt that the plaintiff was the innocent victim of a vicious and unprovoked attack, which resulted in [ ]. The applicant has no doubt endured profound physical and psychological trauma and will continue to suffer profoundly for the rest of his life. Unfortunately, it is not within the remit of the Tribunal to award compensation for pain and suffering. The Tribunal can only make awards in respect of vouched out-of-pocket expenses. The applicant did not sustain any loss of earnings. He has failed to sufficiently vouch and prove that he incurred any other out-of-pocket expenses. There has been no contact from the applicant for almost a decade. Regrettably, The Tribunal has no option but to find that the applicant has failed to provide all reasonable assistance with a view towards progressing and finalising his claim. In such circumstances, paragraphs 11 of the Scheme will apply.
9. Further, this application was over received over four years and two years late. The applicant’s lack of knowledge of the Scheme is not a circumstance, of itself, which the Tribunal accepts justifies exceptional treatment. In circumstances where an injury genuinely impedes an applicant, either physically or mentally from progressing an application, the Tribunal can then have regard as to whether these impediments are of such a nature that they provide sufficient grounds to justify exceptional treatment. While the Tribunal acknowledges that the applicant no doubt sustained very significant physical injuries, the delay in this matter is extreme. Even if the Tribunal accepted that the applicant had been impaired until [ ], until he was discharged from [ ], there is no explanation put forward to explain why he did not lodge the application within three months of this date. The application was lodged over five months later. Regrettably, this application is late. The Tribunal determines that the circumstances for the late application, as outlined by the applicant, do not justify exceptional treatment.
10. For these reasons, the Tribunal declines to make an award in this matter. In circumstances where the application has not proven his losses and contravened paragraph 11 and paragraph 21 of the Scheme, it is not necessary for the Tribunal to make any further determinations on the other provisions of the Scheme that might apply to this matter.
David Culleton
Criminal Injuries Compensation Tribunal
11 July 2022