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52802 (13 May 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: 52802

Date of incident: [ ]

Date of application: [ ]

Decision outcome: No award


Facts/brief background

1. [ ] (‘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, who was conducting his duties as a [ ], claims that he was assaulted by [ ] at or near [ ].

3. The applicant received treatment in [ ]. He was also treated by his GP, [ ], [ ]. He received counselling from [ ]. No medical, dental or counselling reports have ever been provided by the applicant to the Tribunal.

4. The applicant advises that the incident was reported to [ ]. The Offender was charged. The Tribunal has not been advised if the offender was prosecuted.

5. The applicant has not put forward any vouched out-of-pocket expenses.

6. The Tribunal wrote to the applicant’s solicitor on the [ ] and requested details of any out-of-pocket expenses. On the [ ], the Tribunal wrote again to the applicant’s solicitor and advised that the file would be forwarded to a Member of the Tribunal for a decision if no response was received by the applicant by [ ]. No response was received from the applicant to any of the Tribunal’s correspondence.

7. The applicant has not corresponded with the Tribunal since the date that he initially lodged this applicant, over [ ] years ago.


Decision

8. 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 sufficiently vouch and prove that he incurred any out-of-pocket expenses. Regrettably, in such circumstances, it is not possible to make any award to the applicant.

9. In circumstances where the application has not proven his claim in respect of out-of-pocket expenses, it is not necessary for the Tribunal to make any further determinations on the other provisions of the Scheme that might apply to this matter.

David Culleton

Member of the Criminal Injuries Compensation Tribunal

13 May 2022