Publication
50396 (8 April 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: 50396
Date of incident: [ ]
Date received: [ ]
Decision: No award
1. The applicant, in his application form stated that he was assaulted in [ ], [ ], on [ ]. He outlined that he was socialising with friends when an incident occurred. He reported that he sustained injuries to his nose, teeth and face. He received medical treatment at [ ]. The matter was reported to the gardai.
2. The tribunal requested a report from the gardai. [ ], in his report dated [ ] stated that video footage and statements give a strong indication that the applicant in this case [ ] will be prosecuted for assault contrary to section 2." It is not clear if this happened or if criminal proceedings were instituted against any person in connection with this incident.
3. There are two receipts on file and a letter from the applicant's employer regarding loss of earnings.
4. The tribunal wrote to the applicant on [ ] requesting certain information however no response was received. The tribunal wrote to the applicant on [ ] enquiring as to whether he still wished to pursue the application and if so to furnish documentation before the [ ]. The tribunal received no response to that letter either. The matter was then forwarded for a single member decision.
5. Paragraph 11 of the Scheme 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 that it may require, and otherwise." It is my opinion that all reasonable assistance has not been provided in this matter. Furthermore, it is for the applicant to establish his case and that has not been done.
6. I make no award in respect of this application.
Signed: Elizabeth Davey, Criminal Injuries Compensation Tribunal
Date: 8 April 2022