53255 (14 November 2023)

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: 53255

Date of incident: [ ]

Date of application: [ ]

Decision outcome: No award of compensation: no losses established.

1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).

2. In his application for compensation under the Scheme, signed on [ ], the applicant stated that he had received facial injuries while at work as a [ ]. He enclosed a garda statement with his application in which he described how a [ ] punched him in the face. The facts of this incident are corroborated by the Gardai, who in their report to the Tribunal said that the assailant was given an adult caution.

3. The application form states that the applicant had no medical expenses because he has a medical card, but states that he lost income as he was not able to work for some days.

4. I am satisfied that the applicant has established, on the balance of probabilities, that he was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence.

5. The incident was reported to the Gardaí on the day of the incident thereby meeting the requirement of Para 22 of the Scheme that the matter be reported without delay. Further, the application was made within three months of the incident, meeting the requirements of Para 20 of the Scheme.

6. Accordingly, I admit the application for consideration under the Scheme.

7. It is worth setting out what the Tribunal can and can do under the Scheme which it must apply, and which it may not depart from. The Tribunal may make awards of compensation for expenses that are incurred as a consequence of the injury sustained by a crime of violence. This might cover the cost of treatment or loss of earnings, where such costs are established by an applicant. However the Scheme does not allow the Tribunal to make any award for general pain and suffering caused by the injury. This is stated at para 6(e) of the Scheme.

8. In this case the applicant seeks a loss of earnings for five days at €90 per day. On [ ] his solicitor stated that an accountant’s letter would follow to establish that loss.

9. On [ ] the Tribunal Secretariat wrote to the applicant stating that it would need his end-of-year balancing statements as supplied to Revenue, plus any original receipts for the cost of treatment. It appears that no reply was received to this letter, nor further correspondence furnished, because on [ ] the Secretariat wrote to follow up on this request. This letter asked whether the applicant wished to pursue the application. On [ ] the applicant’s solicitor indicated that she would seek instructions from her client. The applicant’s solicitor sent an email on [ ] stating that they were still seeking instructions. The Secretariat sought an update on [ ]; the applicant’s solicitor replied stating that they would renew their request for their client to give them instructions. In [ ] the Secretariat contacted the applicant’s solicitor again, who confirmed that they had been unable to contact the applicant.

10. It appears that despite the best efforts of the Secretariat and the applicant’s solicitor, no documentary evidence of loss has been forthcoming from the applicant. It is for the applicant to prove his case and to furnish adequate proofs to the Tribunal (see for example paragraph 10 of the Scheme). Without such proofs, the Tribunal is simply not in a position to make an award.

11. The Tribunal’s decision in this case must therefore be to make no award of compensation and no loss has been established.

Tricia Sheehy Skeffington

Member, Criminal Injuries Compensation Tribunal

14 November 2023