The Court of Appeal have refused a husband's fight for compensation for his wife, the victim of a "horrendous crime''.

The man was appealing against a decision made last year by the Criminal Injuries Compensation Board.

It had refused to hear the application because it was made too late. Victims of crimes have one year within which to file applications for compensation under the Criminal Injuries Act.

Through their lawyer Mr. Saul Froomkin the couple appealed the decision last week. Mr. Froomkin said the decision by the Board was improper.

He said the Board had the discretion to allow an outdated application provided there were good reasons.

Mr. Froomkin said that if ever there was a case which justified extending the time limit, it was this "horrendous'' case. It occurred on March 17, 1983 and is said to have caused the victim severe mental trauma.

He said two psychiatrists had given evidence that due to her mental state, the woman was incapable at the time of the crime of making an application for damages. Their evidence had not been contested by the board, he said.

Speaking on behalf of the three Appeal Court judges the Hon. Mr. Justice Henry read out the judgment.

He said: "It was clear from the husband's affidavit that the victim remained incapable of making the application since she only agreed him "to inquire into the questions of compensation for the attack upon her so long as she did not have to be personally involved'' and was still incapable of discussing the matter with anyone other than her psychiatrist and her husband.

"In the circumstances the Board was fully justified in regarding this as an application by the husband.

"The Board was equally justified in considering whether he had put forward good and substantial reasons for them to exercise their discretion to waive the time limit.

"We entirely agree with their conclusion that no such reasons had been advanced and that "the steps being taken by the husband now, could have been taken much, much earlier,'' he said.