Publication
51369 (27 July 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal
Scheme of Compensation for Personal Injuries Criminally Inflicted - General Scheme
Application of [ ]
Application number: 51369
Name of applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
The Applicant states that he was the victim of a violent incident which occurred on the [ ] outside a nightclub at [ ]. The Applicant was working in the course of his employment as a member of door security when he was the victim of an unprovoked stabbing incident and suffered serious injuries.
The incident was reported to An Garda Siochana and was investigated by Garda [ ] of [ ] Garda Station. The perpetrator, [ ], was prosecuted. As of the date of the Garda Report no compensation had been paid to the Applicant.
The Applicant states that he suffered a significant stab wound to his right forearm. He was removed by ambulance to [ ] General Hospital where he was detained and subsequently required surgical repair.
The General Scheme provides that the Tribunal may pay compensation for out of pocket expenses in respect of personal injury, where the injury is directly attributable to a crime of violence, subject to the provisions of the scheme. Amounts claimed must be vouched and/or supported by appropriate documentation. The Tribunal is entirely responsible for deciding in any particular case whether compensation is payable under the scheme.
Paragraph 11 of the General Scheme (pre-April 2021) provides 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 it may require, and otherwise”.
The Tribunal wrote to the Applicant’s Solicitors on the [ ] requesting documentation and/or information in support of the application. The tribunal sought clarity as to whether as loss of earnings or income was being claimed and whether medical expenses or other out-of-pocket expenses had been incurred. The Applicant has not to date submitted the requested information and has not since communicated with the Tribunal in relation to the matter. The Tribunal more recently wrote to the Applicant’s Solicitors by email of [ ] noting that the Tribunal had not heard from the Applicant since [ ] and seeking confirmation whether the Applicant intended to pursue his application. The Tribunal noted that if no reply was received by that date, the application would be forwarded to a member for decision.
To date, the Tribunal has not received necessary documentation and information from the Applicant. It is a matter for the Applicant to engage with the Tribunal and to furnish the necessary information and proof of loss. It is entirely a matter for the Applicant to pursue his claim. The Applicant has not done so in this case and has not communicated with the Tribunal for many years. In the circumstances, the Tribunal finds that the Applicant has not given the Tribunal all reasonable assistance as required by Paragraph 11 and has not properly vouched his claim. For that reason, the Tribunal makes no award in accordance with Paragraph 11 of the Scheme.
Dated: 27 July 2022
Signed: Cathal Lombard, Tribunal Member