Publication
50347 (9 March 2023)
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: #50347
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award as failure to give assistance under paragraph 10 (previously 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 her application for compensation under the Scheme, signed and [ ], the Applicant says that she suffered personal injuries when she was assaulted by two bouncers in a licensed premises. She stated that her arms were pinned back by the staff and her dress was hitched up as a result. She was then physically removed from the premises, being brought downstairs while restrained, and thrown outside against railings along with her fiancée who had tried to assist her. She stated that she suffered bruising to her arm and shock and attended a G.P. and incurred expenses of €95.
3. The Garda report of [ ] indicated a different version of events, stating that the Applicant was preventing the bar being closed at the nightclub and that she had attempted to hit the manager but missed. It stated that here were no prosecutions taken and that the Applicant did not have any criminal record.
4. The application was acknowledged by letter dated [ ].
5. The Tribunal again wrote to the Applicant by letter dated [ ] enclosing the Garda report and asking for loss of earnings and expenses details. No response was received. A further letter asking if the Applicant still wanted to pursue the application and seeking the documents previously sought was sent on [ ]. No response was received to this letter.
6. The Scheme provides at paragraph 10 (previously para. 11) as follows:
“10. 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.”
7. From the foregoing lack of reply to the letters from the Tribunal, I am not satisfied that the applicant has given all reasonable assistance to the Tribunal.
8. The Applicant has failed to give all reasonable assistance to the Tribunal. I therefore make no award under paragraph 10 (previously para. 11) of the Scheme.
Roderick Maguire
Member, Criminal Injuries Compensation Tribunal
9 March 2023