52150 (11 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: 52150

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 stated that he suffered an assault at [ ]. He suffered an injury to his [ ] and an injury to his [ ] and [ ]. He also suffered stress.

3. There is a Garda letter on file dated the [ ]. It states the matter was reported to Garda [ ] on the [ ]. The report states that on the [ ], the Applicant picked up a group of three males outside the [ ] in his taxi. Along the journey the Applicant was robbed, and his vehicle was hijacked. The car was subsequently observed in the [ ]. Two males were arrested by the Gardaí and taken to [ ] Garda station. The Applicant does not have any criminal records. The case was ongoing in the [ ] Circuit Court at the time of the report.

4. There is no medical report on file. There is letter from [ ], Accountants, stating that the Applicant is self-employed and lost €2,750 due to the car theft.

5. The Applicant brought this application within three months of the alleged crime and is, therefore, within the time limit for bringing such a claim. It is accepted that a crime of violence occurred.

6. Paragraph 11 of the original 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’.

7. The Applicant in this case has not provided any reasonable assistance to the Tribunal in terms of submitting a full overview of vouched expenses or medical information in relation to his claim.

8. The Tribunal wrote to the Applicant on the [ ], seeking further information and receipts including a P21, a Statement from The Department of Social Protection and original receipts. There was no response to this letter.

9. There is a further letter on file dated the [ ], asking if the Applicant wished to pursue this matter and seeking further information in relation to out-of-pocket expenses. The Applicant was asked to respond by the [ ], if he so wished. However, no response has been received.

10. In circumstances where the Applicant has failed to engage with the Tribunal in respect of the queries raised, the Tribunal finds that no compensation is allowable in this case and this case must fail.

11. Based on the absence of clear vouched expenses and information requested by the Tribunal, the Tribunal finds that this case must fail.

Majella Twomey

Criminal Injuries Compensation Tribunal

11 November 2022