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Man takes court case over alleged delay to compensation

Every aspect of Noel Hickey's life has been affected including his ability to work, the High Court heard today
Every aspect of Noel Hickey's life has been affected including his ability to work, the High Court heard today

A man who suffered "life-changing injuries" after being assaulted has brought High Court proceedings over an 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. During the course of that attack Mr Hickey 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, a 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 on-going surgeries to treat his injuries.

Due to the acquired brain injury he sustained, every aspect of Mr Hickey's life has been affected including his ability to work, the High Court heard today.

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

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

He claims that there has been a lengthy delay in progressing his claim. This delay, it is claimed, amounts to a breach of Mr Hickey's rights.

His counsel Thomas Creed SC told the High Court today that no interim payment had been made to his client, who he said can only work in a supervised capacity as a plumber again.

Counsel said that it appeared that the Tribunal was understaffed.

The court heard that there was a backlog of 44 months and at the current rate, counsel said, it was unlikely that his client would receive any compensation until 2023 or 2024 at the earliest, some ten years after he suffered the injuries.

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

In his action Mr Hickey who is 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.

He also seeks declarations including that the delay in progressing his claim for compensation amounts to a breach of his right to constitutional justice and fair procedures.

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