51007 (27 May 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: 51007

Date of incident: [ ]

Date of receipt of application: [ ]

Decision outcome: No compensation payable due to the 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, dated [ ], the applicant (who was born on [ ]) stated that he had been injured at [ ] on [ ] by a named assailant. The circumstances of the incident were outlined in the Statement provided by the applicant to An Garda Síochána and in the Garda Report. These state that the applicant was assaulted in the course of an altercation when he was struck across the face with a wine bottle. The Garda Report states that CCTV footage confirms this.

3. The applicant outlines in his application form the injuries sustained, which include a broken jaw, cheekbone and eyesocket.

4. The applicant states that he was still absent from work at the date of the application to the Tribunal.

5. No medical report was submitted to the Tribunal, and no vouchers were supplied in relation to any expenses, including any claim for loss of earnings.

6. The Garda Report confirms that no civil proceedings were taken in relation to the assault on the applicant, and no compensation was paid to him.

7. The applicant has claimed traveling expenses, and the sum of €49 for “chemist”. These expenses are unvouched.

8. 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. There was no response 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, and I find that no compensation is payable to the applicant.

10. I therefore decline to make any award.

Elizabeth Maguire

Criminal Injuries Compensation Tribunal

27 May 2022