53118 (27 March 2023)

The Criminal Injuries Compensation Tribunal

In the matter of an application under the Scheme (1) of Compensation for Personal Injuries Criminally Inflicted

Decision of a Single Member

(1) The Scheme in being at the time of the application.

Name of applicant: [ ]

Application number: #53118

Date of incident: [ ]

Date of receipt of application: [ ]

Decision outcome: No award

[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).

The Applicant’s claim is that he was attacked at a [ ] when he was headbutted and caused to fall backwards onto the ground. The Applicant was brought to [ ] Hospital following the incident where he spent a number of days as an in-patient. The Applicant’s claim is that in addition to suffering fractures to his eye and nose in the attack, he sustained a bleed to his brain arising out of the incident. The Applicant also claims that he has had no hearing since the incident, [ ], and furthermore he has no sense of smell.

The Applicant attended [ ] as well as his GP in respect of his injuries. A letter from [ ] dated [ ] has been submitted in aid of this application.

The Applicant claims that the Gardaí never approached him about the incident and so he never made a statement, although the Gardaí attended at the scene of the incident. The Applicant has advised that his attacker has died, in unrelated circumstances, since the attack.

An application seeking compensation was received by the Tribunal on [ ].

Paragraph 11 of the Scheme states:

“No compensation will be paid 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 or otherwise.”

Also, pursuant to paragraph 26 of the Scheme, it is for an applicant to establish their claim.

On [ ] the Tribunal wrote to the Applicant and set out in said correspondence the information it required in order to process and consider his application. The Tribunal did not receive a reply. The Tribunal wrote again on [ ] to the Applicant and enquired as to whether he was interested in pursuing his claim, and if so, to respond by [ ]. The Tribunal received no response.

In the opinion of the Tribunal the Applicant has not cooperated with it in providing it with all reasonable assistance so that it can consider his application, pursuant to paragraph 11 of the Scheme. In consequence, the Applicant has not established his claim, as required pursuant to paragraph 26 of the Scheme. Accordingly, no compensation can be paid, and no further consideration of this application is required.

No award

Nora Pat Stewart

27 March 2023