Re An Application Under the Criminal Injuries Compensation Act 1983 and Karoly Ricza [1994] ACTSC 80 (18 August 1994)

SUPREME COURT OF THE ACT

IN THE MATTER OF AN APPLICATION UNDER THE CRIMINAL INJURIES COMPENSATION ACT
1983
AND KAROLY RICZA
No. CIC42 of 1993
Number of pages - 2

COURT

IN THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
MASTER A. HOGAN

HEARING

CANBERRA, 18 August 1994
18:8:1994

Counsel for the Applicant: Mr T Chadwick

Instructing Solicitors: Snedden Hall and Gallop

Counsel for the Respondent: Mr K Holmes

Instructing Solicitors: ACT Government Solicitor

ORDER

Compensation be awarded to the applicant in the sum of $8,200.00.

DECISION

MASTER A. HOGAN This is an application for compensation under the Criminal Injuries Compensation Act 1983.

2. The applicant was a chauffeur at the Embassy of the Islamic Republic of Iran, when that Embassy was attacked on 6 April 1992.

3. Indictments were presented in this Court charging eleven people with a number of offences arising out of that incident. The jury failed to agree on a verdict in respect of one accused. Various verdicts of guilty were returned against the other ten. On 18 January 1994 the Chief Justice sentenced four of the ten to terms of imprisonment and imposed suspended sentences on the others.

4. The applicant was driving an Embassy vehicle with two passengers in the rear towards the Embassy gates. He stopped at the gates to wait for them to open automatically. As they opened three men rushed in with soft drink bottles and began raining blows on the car windows. He was terrified.

5. He was not able to escape from the driver's door, but eventually escaped through the passenger's side door. By this time there were more people attacking the car and throwing things at the front of the Embassy.

6. While trying to avoid projectiles he slipped and fell, sustaining injuries to his left forearm, right shoulder and left thigh. As he escaped towards the Embassy its windows were already being smashed. He hid behind the Embassy. While the attack lasted he feared for his life.

7. He was taken by ambulance to Woden Valley Hospital. Xray of his shoulder did not reveal any abnormality. His wife took him home from the hospital.

8. Despite a sedative he was unable to sleep that night. He was sore, tense and anxious.

9. He consulted Dr Gow, a general practitioner, on 11 April 1992. Dr Gow noted that he was obviously distressed, nervous and restless. He recommended counselling at Phillip Health Centre, and some time off work. He did not feel secure enough in his job to take off more than one week.

10. He received therapy on eight occasions at the Phillip Counselling Unit. He exhibited a variety of clinical signs of post traumatic stress disorder, including sleep disorder, hyper vigilance, anxiety and accelerated breathing.

11. The applicant was born in Hungary, and escaped after the 1956 revolution. He was naturalised in Australia in 1960. He is a married man aged 56, with three children. His distress was compounded by memories of his escape from Hungary, attacks upon his evidence at the trial of the offenders, and what he perceived as preferential treatment given to Iranian nationals at the Embassy by the Australian Government.

12. The graze to his left arm took a month to heal. Minor lacerations to his face from glass of the broken windscreen healed in about two weeks, and the bruised right shoulder in one week. He still has pain in the groin from the strain at his left leg.

13. He continues to be anxious at his work, fearing further attacks upon the Embassy. He does not feel able to change his job because of his age. His concentration and memory have been adversely affected. He is irritable and easily angered.

14. Counsel for the Territory concedes that an amount of $8,000 is appropriate to compensate him for his pain and suffering. The applicant has instructed his Counsel that he would accept that sum as being appropriate. I also think that it is a proper sum to award.

15. The expenses of bringing the application are agreed at $200.

16. I award compensation to the applicant of $8,200.