Publication
51228 (28 July 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
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: 51228
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused pursuant to paragraph 11.
1. Mr [ ] (‘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, submitted on the [ ], the Applicant said that on the [ ], the Applicant was walking with two friends, along [ ], when they were subjected to an unprovoked assault by a number of youths. The Applicant was struck by a bottle in the eye. His face and jaw were badly cut. The Gardaí arrived and he was brought to hospital straight away. Garda [ ] was the investigating officer. The Applicant said that he was unfit for work following the incident and, therefore, suffered loss of earnings.
3. There is a no Garda Report on file despite numerous requests for same. The Tribunal notes that the Applicant, in his application form, did state that he reported the matter to Garda [ ] and that the Gardaí arrived at the scene.
4. It is not clear, to the Tribunal, from the information on file if anyone was charged was subsequently convicted of an assault.
5. The Applicant has not submitted any vouching for out-of-pocket expenses or loss of earnings.
7. The Applicant’s application was brought within the required three-month timeframe for bringing applications.
8. Furthermore, there is no Garda report on file to set out that a crime had actually been reported. However, the Applicant states, in his application, that the Gardaí arrived at the scene. The Tribunal wrote to the Gardaí on two occasions, yet no report was forthcoming. In the circumstances, the Tribunal accepts on the balance of probabilities that the Applicant reported the matter to the Gardaí without delay.
9. The Applicant claims to have been the victim of crime of violence on [ ].
10. It is noted that the Applicant reported the alleged incident to the Gardaí on the night in question. It is accepted on the balance of probabilities that he was the victim of a crime of violence, given his own statement and the nature of the injuries outlined.
11. The Applicant has failed to provide the Tribunal with any clear evidence of vouched expenses which occurred as a result of the criminal act.
12. A letter was sent to the Applicant on the [ ], asking if the Applicant still wanted to pursue this claim. The letter sought further information in relation to vouching and out of pocket expenses. No response was received.
13. Paragraph 11 of the original scheme states that ‘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’.
14. The Applicant, in this case, has, unfortunately, not provided reasonable assistance to the Tribunal in terms of submitting clear vouching information in relation to out-of-pocket medical expenses or for loss of earnings. There were no medical reports on file to state why the Applicant was hospitalised, for example. Furthermore, no clear evidence was provided in relation to out-of-pocket expenses. In the circumstances, the Tribunal finds that no compensation is allowable in relation to these matters.
Majella Twomey
Criminal Injuries Compensation Tribunal
28 July 2022