51004 (12 July 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: 51004

Date of incident: [ ]

Date of receipt of application: [ ]

Decision outcome: No compensation payable due to a failure to give all reasonable assistance under Article 10 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 under the Scheme, received on [ ], the applicant (who was born on [ ]) outlined that he was assaulted in a named public house at [ ] on [ ]. He describes how he was assaulted without warning by another man in the public house. He described how the assailant assaulted him by striking him on the head, and he states that he received a broken jaw as a result of the assault.

3. No medical report was submitted. The applicant claimed for travelling expenses for 260km which he states was a round trip for treatment provided to him. He also makes a claim to be reimbursed for pain killers. No receipts were provided by the applicant.

4. No Garda Report was supplied to the Tribunal.

5. The Tribunal wrote to the applicant’s solicitor on [ ], seeking further information from the applicant and also confirmation by [ ] that he wished to proceed with the application. In reply on [ ], the applicant’s solicitor requested further time to contact their client, the applicant.

6. By letter dated [ ], the Tribunal wrote to the applicant’s solicitor, indicating that they would be contacted again in due course.

7. By letter dated [ ], the applicant’s solicitor wrote to the Tribunal, notifying the Tribunal that the applicant had not responded to correspondence from them, and requesting that any further contact be made with the applicant directly.

8. By letter [ ], the Tribunal wrote to the applicant, seeking further information from him and also confirmation by [ ] that he wished to proceed with the application. There was no reply to this correspondence.

9. The applicant has not replied to correspondence in relation to his claim before the Tribunal. Therefore, I find that he has not given all reasonable assistance to the Tribunal as required under Article 10 of the Scheme.

10. I therefore decline to make any award.

Elizabeth Maguire

Criminal Injuries Compensation Tribunal

12 July 2022