51971 (27 June 2024)

The Criminal Injuries Compensation Tribunal

In the matter of an application under the Scheme of Compensation for Personal Injuries Criminally Inflicted on Prison Officers

Decision of an Appeals Panel

Application Number –51971

In the matter of an Appeal under the Scheme of Compensation for Personal Injuries Criminally Inflicted

Criminal Injuries Compensation Tribunal

Applicant: [ ]

Date of incident: [ ]

Date of application: [ ]

Date of appeal hearing: [ ]

Present: For the Tribunal

Georgina Robinson (Chair)

Damian Sheridan BL

Marc Murphy BL

Anne Marie Tracey (Secretary to the Tribunal)

For the appellant/applicant: [ ]

Award: €1,340

The Applicant brought his appeal against a decision of a single member at first instance dated the [ ]. The said member made no award pursuant to paragraph 11 of the general scheme.

The Appeal hearing was conducted by way of a de novo hearing.

The application in this case was submitted significantly outside the three-month period allowed for the making of such applications to the Scheme. The Applicant stated that the reason for his late application concerned the severity of his injury combined with the fact that he had instructed a solicitor to initiate the application on his behalf. Having heard the Applicant's oral evidence, the Appeal panel has decided to exercise its discretion to extend time for the making of this late application and will therefore proceed to assess the claim submitted pursuant to the terms of the Scheme.

On the [ ], whilst acting in the course of his duties as a [ ], the Applicant was assaulted suffering a significant injury in the form of a broken nose. He attended at the [ ] Hospital for treatment and reported the incident to the Gardai at [ ] Garda station. Following his treatment at the [ ] Hospital the Applicant attended for follow up care with his GP Dr. [ ] of [ ].

A report from An Gardai Siochana confirms the Applicants account of the incident and outlines the applicants previous convictions as concerning road traffic and public order offences.

The Applicant claims for loss of earnings and out of pocket expenditure.

Accident and Emergency Charges €100

GP Visits (x2) €120

Day Clinic charges €100

Total - €320

It is noted that the Applicant was invited to submit any further receipts for outlay which he held to the Tribunal however no further receipts were received.

Loss of earnings

The Applicant stated at the appeal hearing that his previous employer had ceased trading some [ ] years ago and therefore it was not possible to obtain any correspondence from this entity concerning the Applicants claim for loss of earnings. The Applicant referred to documentation provided from the Department of Social Protection. He confirmed that he was absent from work for a total of six weeks post incident.

The Applicant confirmed that that his net loss over this period amounted to €170 per week making a total net loss of €1,020.

When questioned as to whether he received compensation at the conclusion of the criminal trial the Applicant stated that a direction had been made that the offender pay €500 payable in instalments of €50 per month. The Applicant however did not receive these sums as the offender was on social welfare and had no assets.

Finally, when questioned as to whether it was the Applicants intention to undergo [ ], he confirmed that he did not intend to do so.

The total award in this case is €1,340 comprising the Applicants vouched expenditure and loss of earnings incurred.

Dated 27 June 2024

Georgina Robinson

On behalf of the sitting division of the Tribunal