53214 (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: #53214

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 suffered injuries to his face and eye in an unprovoked attack when in the vicinity of the [ ] on [ ]. The Applicant reported the attack to the Gardaí at [ ] Garda Station after the incident occurred.

The Applicant claims that he attended the [ ] Hospital, the [ ] Hospital and [ ] for treatment for his injuries. At the time of submitting his application, the Applicant reported that he had sustained cuts and scarring around the [ ], that the [ ] fracture he had suffered was still healing, and that he was also suffering from numbness.

The Applicant further claims that he was absent from work from the date of the attack until [ ].

Upon receipt of this application, the Tribunal, wrote to the Applicant on [ ] and set out the information it required in order to process and consider his claim. The Tribunal received no response.

The Tribunal wrote most recently to the Applicant on [ ] to enquire if he still wished to purse his claim, and if so, to inform the Tribunal as such by [ ]. The Tribunal received no response.

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 Tribunal’s opinion, the Applicant has not cooperated with it in providing it with all reasonable assistance so that it can consider this claim 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 will be undertaken.

No award

Nora Pat Stewart

29 March 2023