Publication
52764 (12 August 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: 52764
Date of receipt of application: [ ]
Decision outcome: No compensation payable as failure to give all reasonable assistance under Article 10 of the Scheme.
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 under the Scheme, received on [ ], the applicant (who was born on [ ]) outlined that he was assaulted at [ ]. The applicant is a taxi driver. He states that he was assaulted by a group of 4-5 men, of which he was able to identify two. These assailants [ ]. He states that he suffered soft tissue injuries to his back and torso, and a bloody and bruised nose. Photographs were supplied.
3. No Garda report was submitted. No medical report was submitted. A letter directed to the applicant from An Garda Síochána dated [ ] was supplied, which confirms that the incident was under investigation.
4. The applicant claims for various expenses, including for a trip to [ ] for treatment. No receipts for any expenses were submitted. An invoice for hospital treatment was submitted, but there was no proof of payment of this charge.
5. The Tribunal wrote to the applicant’s solicitor on [ ], seeking further information from the applicant and also confirmation that he wished to proceed with the application. There was no response to this correspondence.
6. The Tribunal further wrote to the applicant’s solicitor on [ ], enclosing a copy of the letter of [ ], and notifying the solicitor that if no reply was received by [ ] the application would be forwarded to a Member for a decision.
7. The applicant has not replied to correspondence in relation to his claim before the Tribunal. Therefore, I find that he has not given all reasonable assistance to the Tribunal as required under Article 10 of the Scheme, and I find that no compensation is payable to the applicant.
8. I therefore decline to make any award.
Elizabeth Maguire
Criminal Injuries Compensation Tribunal
12 August 2022