52144 (15 November 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: 52144

Date of incident: [ ]

Date of application: [ ]

Decision outcome: The application is refused under paragraph 11 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 original Scheme, received by the Tribunal on the [ ], the Applicant claims he was assaulted near [ ] at a [ ]. He said that he suffered a broken nose, injury to the head and beaten ribs. He said his arms were critically beaten.

3. There is a Garda letter on file, stating that Garda [ ] arrived on the scene and found it very difficult to get details from the Appellant as he had limited English. However, an ambulance was at the scene examining the Appellant. The report stated that the Appellant was more intent on leaving the scene by ambulance than on making a report. Garda [ ] explained to the Applicant that he would have to make a report at [ ] Garda Station. Garda [ ] also contacted the hospital later, but the Applicant has been discharged. The Applicant has no criminal convictions. No criminal proceedings took place as a result of the incident.

4. There is no medical report on file. There are no vouching receipts for out-of-pocket expenses.

5. The Applicant did not bring this application within three months of the alleged crime and is therefore not within the time limit for bringing such a claim.

6. Paragraph 21 states that ‘Applications should be made as soon as possible but, except in circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury’.

7. The Applicant is over nine months outside the time limit and has not provided an explanation for same. There is a letter on file from the Criminal Injuries Compensation Authority UK, which suggests that the Applicant submitted the claim in the UK first. This seems to have happened as the Applicant’s address was [ ] at the time. That application appears to have been submitted on the [ ]. The UK Criminal Injuries Authority notified the Appellant on [ ], and said that his application should be forwarded to the Tribunal in Ireland.

8. Given the specific circumstances and the Applicant’s limited English at the time, as outlined in the Garda report, coupled with the fact that the Applicant was living in [ ], the Tribunal finds that these are exceptional circumstances which would justify exceptional treatment and it extends the time in this respect.

9. The Tribunal, however, finds that Paragraph 11 of the original scheme is relevant. It 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’.

10. The Applicant, in this case, has not provided any reasonable assistance to the Tribunal in terms of submitting any vouched information in relation to out-of-pocket expenses, nor is there any medical report on file.

11. A letter was sent from the Tribunal to the Applicant on the [ ], seeking further information from the Applicant in relation to whether the matter had been formally reported to the Gardaí. There is no response to this letter.

12. A further letter was sent to the Applicant on the [ ], asking if the Applicant wanted to pursue the matter and seeking further information. No response was received from the Applicant. The Tribunal finds that the Applicant has not provided any reasonable assistance to the Tribunal in this respect.

13. In the circumstances the Applicant’s claim must fail for the reasons set out above.

Majella Twomey

Criminal Injuries Compensation Tribunal

15 November 2022