51164 (15 August 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: 51164

Date of incident: [ ]

Date of application: [ ]

Decision outcome: No award.

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

2. On the [ ], the applicant claims that he was assaulted after exiting his taxi by an unknown man (“offender”) at the taxi rank in [ ]. He had shouted at the man for walking out in front of his taxi immediately before parking in the taxi rank.

3. The applicant alleged that he was punched on the side of the head and fell to the ground. He was kicked while on the ground. He sustained injuries to his face, ear, right shoulder and right hand. The applicant received treatment from his GP, Dr [ ]. No medical report evidencing these injuries has ever been provided to the Tribunal.

4. The applicant maintains that he reported the incident to the Gardai in [ ] Station. The Gardai maintain that, despite conducting extensive searches and interviewing all members on duty at the time and date of the incident, they have no record of the applicant reporting the matter as alleged. Nevertheless, the applicant provided a formal statement of complaint to the Gardai on [ ], almost eleven months post-incident.

5. The alleged offender was never found.

6. The applicant maintains that he sustained a loss of earnings and medical expenses. The applicant has failed to put forward any vouchers in respect of any of the out-of-pocket expenses claimed.

7. Paragraph 23 of the (pre-April 2021) Scheme states that “To qualify for compensation it will be necessary to indicate to the Tribunal that the offence giving rise to injury has been the subject of criminal proceedings or that it was reported to the Gardaí without delay. However, the Tribunal will have discretion to dispense with this requirement in the case of injuries resulting from offences committed before the commencement of the Scheme, and in other cases where they are satisfied that all reasonable efforts were made by or on behalf of the claimant to notify the Garda Síochána of the offence and to cooperate with them”.

8. Paragraph 11 of the (pre-April 2021) 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” [emphasis added]. Therefore, the duty under paragraph 11 extends to providing the Tribunal with vouchers, documentary proof of any losses claimed, and all relevant information requested, to enable the Tribunal to sufficiently progress and conclude the claim.

9. The Tribunal wrote to the applicant’s solicitor on the [ ] and requested details of any out-of-pocket expenses. No response was received from the applicant.

10. Unfortunately, it is not within the remit of the Tribunal to award compensation for pain and suffering. The Tribunal can only make awards in respect of vouched out-of-pocket expenses. The applicant has failed to comply with paragraph 11 of the Scheme and sufficiently vouch and prove that he incurred the alleged out-of-pocket expenses. The applicant has not corresponded with the Tribunal since June [ ], over [ ] years ago. The applicant has failed to provide the Tribunal with all reasonable assistance with a view towards progressing and finalising his claim. He has also failed to provide any vouching documentation to prove any of the out-of-pocket expenses claimed in his application form. In such circumstances, paragraphs 11 of the Scheme will apply. Regrettably, in such circumstances, it is not possible to make any award to the applicant.

11. In circumstances where the applicant has not proven the alleged losses and where paragraph 11 has been applied, it is not necessary for the Tribunal to make any further determinations on paragraph 23 of the Scheme or any other provisions of the Scheme that might apply to this matter.

David Culleton

Member of the Criminal Injuries Compensation Tribunal

15 August 2022