Publication
51812 (28 October 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: #51812
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No award, by reason of paragraph 10 of the scheme.
[ ] (“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 was assaulted outside a nightclub in [ ] on [ ] by an unknown individual who stabbed him multiple times and that he suffered a punctured lung as a result of this attack.
The Gardaí from [ ] Garda Station were called to the scene of the incident. In a Garda Report, received by the Tribunal on [ ], the Gardaí confirmed that the incident occurred in the car park of the said nightclub at 3am on the morning of Friday [ ] and that they had transported the Applicant to [ ] Hospital for treatment for his injuries. The Gardaí confirmed that the Applicant had received four stab wounds to his back and one to his right side, as well as a laceration to the top of his head during the altercation. The Gardaí also noted that there had been an incident in the club during the night, and that the Applicant had been put out of the nightclub, and had waited outside until the end of the night, at which stage a number of people became involved in a fight. It was not clear who started the altercation or who was involved, reported the Gardaí, but they confirmed that two other persons had received stab wounds in the altercation. No proceedings were taken as a result of this incident, confirmed the Gardaí.
The Applicant’s claim is that he received inpatient treatment from [ ] and from [ ] for his injuries, and thereafter was treated in outpatients up to [ ] and that he also attended his own GP, Dr [ ] in respect of his injuries.
At the time of submitting his application on [ ] the Applicant claimed that he was still suffering from on-going pain and discomfort at the site of the stabs wounds and he noted that a medical report would be furnished to the Tribunal. In addition to the medical expenses claimed, the Applicant also informed the Tribunal that submissions on his loss of earnings would be made in due course.
The Tribunal, forwarded the Garda Report it received to the Applicant and stated that in light of the contents of same, he issue of provocation might be considered by the decision maker on his application. The Tribunal also set out the documentary evidence it required from the Applicant to substantiate his expenses claim.
The Tribunal did not hear from the Applicant or from his legal advisors after that. The Tribunal wrote most recently to the Applicant’s legal advisors, on [ ], enclosing a copy of its last correspondence to their office of [ ] and enquired as to whether the Applicant intended to pursue his claim and if so, to furnish the Tribunal with the documentary evidence to support his claim. The Tribunal further noted that if it did not hear from the Applicant or his legal advisors by [ ], a decision would be made on his file as presented. No response was forthcoming.
Paragraph 10 (formerly paragraph 11 of the Scheme) states that:
“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.”
In the opinion of the Tribunal the Applicant has not given all reasonable assistance to it by providing the necessary documentation to support his claim.
The Applicant has not cooperated with the Tribunal in providing it with all reasonable assistance so that it can consider his application, therefore, pursuant to paragraph 10 of the Scheme, no compensation will be paid and no further consideration of this application is required.
No award
*By reason of the foregoing, the Tribunal is of the view that it is not necessary to consider or to make a determination on other matters that arise with this application including, delay in submission of same and/or whether provocation might have had to be considered.
Nora Pat Stewart
Date: 28 October 2022