Man with ‘life changing injuries’ sues over alleged compensation delay

A man who suffered “life changing injuries” after being assaulted has brought High Court proceedings over alleged delay by the State in progressing his claim for compensation.

The action has been brought by Noel Hickey who, in February 2014, was assaulted by two men. He was punched and kicked in the head with steel-capped boots, which left him in a coma for four weeks.

His injuries included bleeding to the brain, deformation to the facial region, broken eye socket, broken nose, broken jaw, and a broken chin.

He now suffers from memory loss, has no sense of smell or taste, and has required ongoing surgeries to treat his injuries.

Due to acquired brain injury, every aspect of Mr Hickey’s life has been affected, including his ability to work, the High Court heard on Monday.

In 2014 he made an application for compensation to the Criminal Compensation Tribunal, set up to compensate those who suffer personal injury as well as the families of those killed as a result of a violent crime.

The criminal proceedings which arose as a result of his assault concluded in July 2018, when the two persons who assaulted him pleaded guilty before a sitting of Limerick Circuit Criminal Court.

Mr Hickey claims there has been a lengthy delay in progressing his claim, amounting to a breach of his rights.

His counsel Thomas Creed SC said no interim payment had been made to his client, who would only be able to work again as a plumber in a supervised capacity.

Counsel said it appeared that the tribunal was understaffed.

There was a backlog of 44 months and it seemed unlikely his client would receive any compensation until 2023 or 2024 at the earliest, some 10 years after he suffered the injuries.

As a result of the delay, Mr Hickey has brought judicial review proceedings against the tribunal, the Department of Justice, Ireland and the Attorney General.

Mr Hickey, aged in his mid-30s, of Newtown, Elton, Knocklong, Co Limerick seeks an order directing the tribunal to make a final determination on his application for compensation under the scheme.

The delay progressing his claim amounts to a breach of his rights to constitutional justice and fair procedures, he claims.

Permission to bring the case was granted, on an ex-parte basis, by Mr Justice Charles Meenan who adjourned the matter to December.