53157 (29 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: #53157

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 on [ ] he was assaulted at his home in [ ] by a number of individuals who were known to him, following an incident where vehicles had been damaged. The Applicant claims that he was hit 40/50 times during this attack and that he suffered two black eyes, bruised legs and a sore back, and that he required [ ] stitches to his head. The Applicant’s claim is that he reported the assault to the Gardaí, they arrived on the scene after his attackers had left and that he was taken to [ ] Hospital by ambulance for treatment. The Applicant’s claim is that he also attended his GP in [ ] as well as Consultant Psychiatrist, [ ] at the Health Centre [ ], for treatment in the aftermath of the assault.

The Applicant claims that he was feeling down, depressed, anxious and nervous after the assault, that he had big visible scars on his head in [ ] and that his employer had let him go, because he was unable to work due to his injuries. The Applicant states on his application that he has suffered from bipolar (disorder) since he was a child.

The Applicant also claims that damage was done to the house by his attackers and that he had lost his deposit for the house to his landlord.

This application was submitted on the Applicant’s behalf by [ ] Solicitors and was received by the Tribunal on [ ]. The Applicant’s legal advisors noted in their accompanying correspondence “We have requested him to furnish us with information on his employment and expenses.” On [ ] the Tribunal wrote to the Applicant’s legal advisors and set out the information it required, so as to process and consider the Applicant’s claim. No response was received to this request for information.

Most recently, on [ ], the Tribunal wrote to the Applicant via his legal advisors and enquired as to whether he still wished to pursue his application, and if so, to inform the Tribunal as such by [ ]. The Tribunal received no response to its correspondence.

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 the Tribunal in providing it with all reasonable assistance so that it can consider his application as required by 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

29 March 2023