51598 (6 September 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: #51598

Date of incident: [ ]

Date of application: [ ]

Decision outcome: No award as failure to comply with paragraph 10 (previously paragraph 11) of the Scheme.

1. Mr. [ ] (‘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, signed and dated [ ], the Applicant says that three armed raiders entered into [ ] in the [ ] in [ ] and assaulted him with a hammer and hand gun. They beat him on the head with the hammer and stole [ ], worth several hundred thousand euro. He suffered had injuries and psychological problems. He was taken to the [ ] Hospital. He suffered scarring and indentation on his head, and continued nightmares and headaches, panic attacks and diabetic problems.

3. A Garda Statement was received on [ ] from Garda [ ] of [ ] Garda Station corroborating the outline of the incident of the Applicant, and stating that the burglary was still under investigation.

4. The Tribunal wrote to the Applicant by letter dated [ ] providing the Garda report and sought further documentation. No response was received to this letter.

5. A further letter was sent to the Applicant dated [ ], asking if the Applicant still wished to pursue the application, and if so asking for the relevant documentation. No reply was received to this letter either.

6. The Scheme provides at paragraph 1 that it applies to situations where:

“the injury is directly attributable to a crime of violence…”

7. I am satisfied that the applicant has established, on the balance of probabilities, that the deceased was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence.

8. However, the Scheme provides at paragraph 10 (previously para. 11) as follows:

“10. 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. From the foregoing lack of reply to the letter from the Tribunal, I am not satisfied that the applicant has given all reasonable assistance to the Tribunal.

10. The Applicant was the victim of a crime of violence. Accordingly, I admit the application for consideration under the Scheme.

11. However, the Applicant has not provided all reasonable assistance to the Tribunal in relation to the application. Therefore, no award of compensation under the Scheme is made.

Roderick Maguire

Member, Criminal Injuries Compensation Tribunal

6 September 2022