Publication
52093 (22 September 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: 52093
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused pursuant to paragraph 11.
1. [ ] (‘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 setting up his [ ], stall at the [ ] market in [ ], when a fracas broke out and a number of other vendors were assaulted. He tried to assist them and in the course of the incident he, himself, was assaulted by the perpetrators and his right thumb was broken. He said he was very traumatized as a result.
3. There is a no Garda Report on file despite the fact the Applicant claims to have reported the matter to a Garda [ ] at [ ] Garda Station.
4. It is not clear, to the Tribunal, from the information on file, if anyone was charged or subsequently convicted of an assault.
5. The Applicant has not submitted any vouching for out-of-pocket expenses or loss of earnings.
6. The Applicant’s application was brought within the required three-month timeframe for bringing applications.
7. The Applicant has failed to provide the Tribunal with any clear evidence of vouched expenses.
8. Furthermore, the Applicant and/or his agents have failed to respond to the Tribunal’s queries regarding the lack of a Garda report, despite a number of requests from the Tribunal seeking a response in relation to same.
9. There is a letter on file, dated the [ ], signed by Superintendent [ ] from [ ] Garda Station, which states that ‘I am to advise that there is no record of this incident being reported at [ ] Garda Station’.
10. A letter was sent to [ ] & Co, Solicitors for the Applicant, on the [ ], stating that the Gardaí had said the matter was not reported at [ ] Garda Station and asking for a comment in relation to same. No response was received in relation to this letter.
11. A letter was received from [ ] & Co on the [ ], asking what the current status of the case was.
12. The Tribunal wrote to the Applicant’s Solicitors on the [ ], enclosing the letter from the [ ], and stating that no response had been received.
13. A further reply came from [ ] & Co on the [ ], not dealing with the issues raised in the previous letter from the Tribunal, but again asking what the current status of the case was.
14. The Tribunal wrote again to [ ] & Co on the [ ], reminding them that the incident appeared not to have been reported to the Gardaí and enclosing a copy of the letter from the Gardaí.
15. A further letter was received on the [ ], from [ ] & Co, which did not respond to the issue raised by the Tribunal about the Garda report but again asked what the status of the case was. The Tribunal responded on the [ ], and referred to the three previous letters which had been sent to the Applicant’s agents, which had not been responded to. The Tribunal once again raised the issue of a lack of a Garda report. No response was received in relation to this.
16. A final letter was sent by the Tribunal to [ ] & Co, on the [ ], asking if the Applicant wished to continue with his application and stating that the matter would be sent to a Tribunal Member for a decision if there was no response by the [ ]. No response was received.
17. 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’.
18. 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. Furthermore, the Applicant and his agents have failed, refused or neglected to respond to the numerous queries raised by the Tribunal in relation to the lack of a Garda report. The Tribunal finds that the Applicant has failed to provide reasonable assistance to the Tribunal. In the circumstances, the Tribunal finds that no compensation is allowable in this case.
Majella Twomey
Criminal Injuries Compensation Tribunal
22 September 2022