54056 (1 December 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: 54056

Date of incident: [ ]

Date of application: [ ]

Decision outcome: Application refused under Paragraph 11 of the Scheme.

1. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’). The Applicant submitted a completed application form in respect of his claim which was received by the Tribunal on [ ].

2. The Applicant was on a night out in [ ] with family when he was involved in two violent incidents (a matter of moments apart) with a single assailant. The Applicant was punched and [ ] during these incidents and suffered a black eye, bruising and [ ] wounds to his arm and throat. The Applicant was admitted to [ ] Hospital and appears to have had an operation on his injuries. No medical report has been submitted with the Applicant’s application.

3. The Applicant’s sister, who appears to have witnessed at least some of the incident(s) reported the incident to Gardaí at [ ] Garda Station on the date of the incident.

4. The Applicant has submitted some photocopies of medical and pharmaceutical receipts but has not submitted original documentation despite being requested to do so by the Tribunal.

5. The Tribunal wrote to the Applicant on [ ] seeking information in respect of out of pocket expenses and other information relevant to his claim but received no response from the Applicant. The Tribunal wrote again on [ ] and [ ] seeking confirmation as to whether criminal proceedings had concluded but received no response. Finally the Tribunal wrote to the Applicant on [ ] asking whether the Applicant wished to continue with his application and stating that the application would be sent to a Tribunal Member for decision if no response was received by [ ]. No response was received from the Applicant and the matter was sent for decision.

6. Paragraph 11 of the Scheme states:

‘No compensation will be payable 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, *and otherwise.’* (Emphasis added)

7. The Applicant has been given several opportunities to provide information, particulars of injury and vouching documentation to the Tribunal for his claim and has failed to do so. In the circumstances, the Tribunal has formed the view that the Applicant has not provided all reasonable assistance to the Tribunal as required by the Scheme and therefore refuses the Applicant’s application for compensation under paragraph 11.

8. N/A.

9. N/A.

10. N/A.

11. Nil.

Marc Murphy

Criminal Injuries Compensation Tribunal

1 December 2023