52373 (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: 52373

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 Scheme, received on the [ ] the Applicant stated that he was assaulted on [ ]. He said he was hit by a broken bottle and received eight stiches on chin.

3. There is no Garda report on file. However, the Applicant states that he reported the matter to the [ ] Garda Station and, specifically, to Garda [ ].

4. The Applicant has not submitted any out-of-pocket expenses, apart from a receipt of €100 for [ ] Hospital.

5. Paragraph 11 of the original scheme is relevant in this case. 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’.

6. The Applicant in this case has not provided any reasonable assistance to the Tribunal in terms of submitting a full overview of vouched expenses in relation to his claim. The only expense submitted was that of €100 for the [ ] Hospital.

7. A letter was sent to the Applicant, from the Tribunal, on the [ ], asking if he wished to pursue his application and requesting further information in relation to out-of-pocket expense. He was asked to respond by the [ ]. The Applicant did not respond to this letter.

8. The Applicant, in this case, has not provided reasonable assistance to the Tribunal in terms of submitting clear vouching information in relation to out-of-pocket expenses, nor has he engaged with the Tribunal, following its letter of the [ ].

9. In the circumstances, the Tribunal finds that no compensation is allowable in relation to this case.

Majella Twomey

Criminal Injuries Compensation Tribunal

15 November 2022