50363 (16 January 2023)

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: 50363

Date of incident: [ ]

Date of application: [ ]

Decision outcome: The application is refused pursuant to paragraph 11.

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 on the [ ], the Applicant said that on the [ ], the Applicant was outside of [ ] when he was the victim of an unprovoked assault by a youth who grabbed him around the neck and threw him on the ground, which led to a hip fracture.

3. There is a Garda report on file dated the [ ]. The report states that the Applicant was the victim of an unprovoked assault outside a [ ]. The offender had not been identified and the Applicant has no previous convictions.

4. The Applicant was resident in [ ] at the time of the attack and has submitted a number of vouching for out-of-pocket expenses and loss of earnings, which are all in [ ] and have not been translated. He has also submitted vouching for travel and medical expenses.

5. The Applicant’s application was brought within the required three-month timeframe for bringing applications.

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

7. It is noted that the Applicant reported the incident to the Gardaí on the night in question. It is accepted that he was the victim of a crime of violence, given the Garda report on file.

8. 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’.

9. While the Applicant has submitted a lot of documents in this case, he has failed to provide the Tribunal with any clear translated evidence of vouched expenses which occurred as a result of the criminal act, and he has failed to submit documents which the Tribunal has requested.

10. By letter dated the [ ], from the Tribunal, the Applicant was asked to submit a [ ] translated equivalent of a P21 or P60. The letter also stated that any claims for ongoing loss of earnings must be corroborated by a medical report. The Applicant was also asked to explain the charge of €23,891.28 in circumstances where he would have been eligible for an E111 card. The Applicant was reminded that documents submitted must be translated into English.

11. There was no response to this letter nor did the Applicant forward any certified translated documents or medical reports in relation to his claim.

12. On the [ ], the Tribunal wrote to the Applicant again, asking if he wished to pursue his claim and requested him to respond by the [ ]. There was no response to this letter.

13. The Applicant, in this case, has, unfortunately, not provided reasonable assistance to the Tribunal in terms of submitting clear vouching information in the English language in relation to out-of-pocket medical expenses or for loss of earnings. There were no medical reports on file to state why the Applicant would not be able to work, going forward. Furthermore, no clear evidence was provided in relation to the issues raised by the Tribunal in its letter of the [ ]. In the circumstances, the Tribunal finds that no compensation is allowable in relation to these matters.

Majella Twomey

Chairperson, Criminal Injuries Compensation Tribunal

16 January 2023