23868 (14 June 2022)

The Criminal Injuries Compensation Tribunal

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

Decision of a Single Member

Name of applicant: [ ]

Application number: 23868

Date of incident: [ ]

Date of application: [ ]

Decision outcome: The application is refused under paragraph 11 of the scheme.

1. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).

2. In his application for compensation, submitted by his ex-partner, [ ], on the [ ], under the original Scheme, it was stated that the Applicant was attacked near his home at [ ] when he came upon a group of [ ].

3. There is a Garda Report on file submitted on the [ ]. The report states that the Applicant was viciously assaulted on the [ ], by a group of youths. The Applicant was removed to the Intensive Care Unit in [ ] Hospital where he remained critical for a number of days. [ ]. The DPP directed trial on indictment against two of the assailants. The Applicant has no criminal record. No compensation was paid. The outcome of the proceedings was not recorded on file.

4. It is not clear to the Tribunal from the information on file if the persons who were charged were subsequently convicted.

5. The Applicant suffered a blood clot to the brain, multiple bone fractures (jaw and arm), along with bruising. He remained in ICU for sixteen days and was an in-patient from the [ ] to the [ ]. He also attended the [ ].

6. There are a number of medical reports on file. There is a report dated the [ ], from [ ], Consultant Neuro Surgeon. The report referred to the Applicant having made satisfactory progress and an anticipation that he would return to work that summer.

7. There is another report dated [ ], from Dr [ ],[ ]. The report said there was evidence of significant brain trauma and bone fractures. The report stated that the brain injury could affect his personality and executive functioning. The report states that the Applicant had split up with his partner and that this raised concerns regarding a change in his personality.

8. The applicant brought this application within three months of the alleged crime and is therefore within the time limit for bringing such a claim.

9. The Applicant claims to have been the victim of crime on the [ ].

10. In circumstances where the Applicant reported the incident to the Gardaí and where two individuals were identified to be prosecuted in this respect, it is accepted, on the balance of probabilities, that the Applicant was the victim of a crime. It is also noted that the Applicant had to be treated in hospital for a significant period of time following the attack.

11. The Applicant has not provided any details of out-of-pocket expenses.

12. The Tribunal wrote to the Applicant’s Solicitors on the [ ], seeking further information such as vouched receipts for the Applicant’s out of pocket expenses. The said Solicitors, [ ], wrote back on the [ ] stating that they no longer acted for the Applicant.

13. The Tribunal wrote to [ ], the person who submitted the application, on the [ ] seeking vouched out-of-pocket expenses but there was no response to this letter.

14. A further letter was sent to [ ], at the same address, on the [ ], asking if the application was being pursued and stating that if there was no response before the [ ], that the case would be forwarded to a Tribunal Member for a decision. There was no response to this letter.

15. The Tribunal, having received the file, noted that the medical report from [ ] stated that the Applicant’s had split up with [ ] following the injury. In the circumstances, the Tribunal Member directed that a letter be sent to [ ] directly. The Tribunal sent a letter to [ ] on the [ ], asking the Applicant if he wished to pursue his application and asking him to inform the Tribunal on or before the [ ]. No response to this letter was received.

16. The Applicant has failed to provide the Tribunal with any vouched expenses which occurred as a result of the crime.

17. Paragraph 11 of the original scheme states that ‘No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance, in relation to any medical report that it may require, and otherwise’.

18. The Applicant, in this case, has, unfortunately, not provided any reasonable assistance to the Tribunal in terms of submitting vouching information in relation to out-of-pocket expenses. In the circumstances, the Tribunal finds that no compensation is allowable in this case.

19. Based on the absence of any vouched out-of-pocket vouching, the Tribunal cannot award compensation in this case.

Majella Twomey

Criminal Injuries Compensation Tribunal

14 June 2022