Publication
51916 (21 October 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of one member of the Tribunal pursuant to section 25 of the Scheme
Applicant: [ ]
Date of incident: [ ]
Date of application: [ ]
Case reference: 51916
Decision: Pursuant to Articles 11 and 13 of the Scheme in place at the time of the applicant’s application, no award of compensation will be made.
1. [ ] (“the applicant”) has made a claim to the Criminal Injuries Compensation Tribunal (“the Tribunal”) for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
2. The application form was signed by the applicant on [ ] stamped as received by the Tribunal on [ ].
3. In his application, the applicant stated that he was injured in [ ] County [ ] in an altercation with a barman of a public house.
4. The applicant stated that, as a result of the incident in question, he suffered facial injuries and damage to his teeth. The applicant attended [ ] Hospital, [ ] for treatment. The applicant stated in his application form that he could require further dental treatment.
5. The applicant did not submit any receipts or other vouching documentation with respect to his out-of-pocket expenses arising from this incident.
6. The Tribunal has had the benefit of the statement made by the applicant at [ ] Garda Station on [ ]. The applicant stated that he had been drinking during the day, and in the evening passed a pub which he recalled having visited previously where he had left his [ ]. The applicant attempted to enter the pub to retrieve his [ ], but the pub was closed and he was refused entry. The applicant stated that he was hit by the barman, and once he had fallen to the floor was further kicked by the barman. The applicant attended A&E for his injuries.
7. The Tribunal has had the benefit of a Garda Report dated [ ] which states that, at the time the applicant tried to enter the pub, the barman was clearing the pub of customers as it was closed. The applicant tried to get past the barman to get access to the pub. An altercation occurred between the barman and the applicant and punches were exchanged by both men. The applicant tried again to get past the barman who again told the applicant that the bar was closed.
8. The Garda Report states that the cause of the incident was an altercation between the applicant and the barman.
9. On [ ], the secretariat of the Tribunal wrote to the applicant enclosing the Garda Report and seeking documentation to vouch the applicant’s claim for compensation for out-of-pocket expenses and loss of earnings. The applicant alerted to Article 13 of the Scheme in place at the time of the applicant’s application (discussed below) and invited submissions from the applicant on this issue.
10. On [ ], the secretariat of the Tribunal wrote to the applicant asking if the applicant wished to pursue his claim, and, if so to submit the documentation sought, including receipts to vouch his claim for compensation for out-of-pocket expenses. The applicant was informed that, in absence of same, his file would be sent to a Member of the Tribunal for determination.
11. No response to this letter is on file.
12. The following documents were furnished to the Tribunal Member for determination:
a. Completed application form, and correspondence from the applicant with particulars of the witness of the altercation dated [ ];
b. Copy of Garda Statement dated [ ];
c. Garda Report dated [ ];
d. Acknowledgement letter from Secretariat of the Tribunal to the applicant;
e. Letter from Secretariat of the Tribunal to the applicant enclosing Garda Report and inviting submissions with respect to Article 13 of the Scheme;
f. Letter from Secretariat of the Tribunal dated [ ] to the applicant asking the applicant to submit outstanding information, including original vouching documentation relating to out-of-pocket expenses and in absence of same, his file would be sent to a Member of the Tribunal for determination.
13. I am satisfied that the applicant was a victim of a crime of violence within the meaning of the Scheme. I am also satisfied that the injuries sustained by the applicant arose as a direct consequence of that crime. I am satisfied that the applicant reported the matter to An Garda Síochána promptly.
14. Paragraph 13 of the Scheme which was in place at the time of the applicant’s application states: “No compensation will be payable where the Tribunal is satisfied that the victim was responsible, either because of provocation or otherwise, for the offence giving rise to his injuries and the Tribunal may reduce the amount of an award where, in its opinion, the victim has been partially responsible for the offence.”
15. The Garda Report to the Tribunal is clear that the circumstances which led to the crime of violence was a verbal altercation between the applicant and his assailant who was the barman of a pub to which the applicant was seeking to gain entry despite it being past closing time.
16. The Secretariat of the Tribunal wrote to the applicant alerting him to the provisions of this Article and inviting comments from him on why this Paragraph should not apply to him. No response to this letter is on file.
17. I therefore find, based on the Garda Report and the applicant’s statement to An Garda Siochana, and in the absence of any evidence to the contrary, that the applicant was 50% responsible for the offence which gave rise to his injuries.
18. Paragraph 11 of the Scheme reads: “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.”
19. In determining whether a lack of reasonable assistance has been given such that compensation is not payable, consideration must be given to the scope and purpose of Paragraph 11. It effectively cuts applicants off from compensation and is thus a far-reaching provision. Its purpose is to serve as a sanction against those who do not co-operate with the Tribunal – its secondary purpose is to encourages applicants to give the Tribunal reasonable assistance.
20. The Tribunal should not rely on paragraph 11 to deny an applicant the potential for compensation in an irrational or arbitrary way. It seems logical to take into account two main factors: (i) the nature of the information or assistance sought by the Tribunal (and in particular whether its absence prevents a proper decision being made) and (ii) the frequency of requests and time elapsed wherein no adequate response has been received by the Tribunal.
21. In this case the applicant has not submitted any receipts for expenses arising as a result of his injury or any other vouching documentation. It is observed that without these receipts and other vouching documentation, there is no information upon which the Tribunal can base an assessment of compensation. The documents in question are integral to the formation of any determination.
22. The Tribunal requested the documents twice, once following receipt of his application in [ ] and thereafter on [ ]. No response to these communications has been received. The incident occurred in [ ] and there has been no communication from the applicant since the submission of his application form.
23. The Tribunal finds that because of the integral nature of the documentation sought to the decision-making process, and the elapse of time with no communication from the Applicant (despite request), that there has been a failure to give reasonable assistance to the Tribunal. As a result, applying Paragraph 11 of the Scheme, no compensation is payable to the Applicant.
Peter Stafford BL
Member, Criminal Injuries Compensation Tribunal
21 October 2022