53128 (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: #53128

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 assaulted at [ ] on [ ] as a result of which he suffered injuries including inter alia: soft tissue facial injuries, headache, the loss of two teeth, rib and back pain, as well as grazed elbows and knees. The Applicant claims that he attended the A & E Department at [ ] Hospital, [ ] following the incident, and after that he attended his GP, dentist and a physiotherapist for treatment for his injuries.

The Applicant reported the assault to the Gardaí at [ ] Garda Station on the night of the assault.

An application was submitted, on the Applicant’s behalf by [ ] Solicitor, to the Tribunal on [ ].

The Tribunal wrote to the Applicant on [ ] upon receipt of his application and set out the information it required in order to process and consider his claim. No response was received. Most recently the Tribunal wrote to the Applicant on [ ] and enquired as to whether he wished to progress his claim, and if so, to respond by [ ].

On [ ] Solicitors informed the Tribunal that they had no updated instructions from the Applicant. On [ ] office confirmed to the Tribunal that they no longer acted for the Applicant, nor did they have his present address.

On [ ], the Tribunal wrote to the Applicant directly to his home address as provided, and requested that he contact the Tribunal by [ ], failing which, his application would be sent forward to a Tribunal member for the purposes of making a decision. No response was received.

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.

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