23697 (30 June 2022)

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: 23697

Date of incident: [ ]

Date received: [ ]

Decision: No award.

1. On [ ] the applicant was shot in his left and right thighs when masked gunmen entered his house and discharged a firearm. The injuries were not life threatening and the applicant was treated in hospital. No criminal prosecution occurred as a result of the incident.

2. The applicant engaged a solicitor to act on his behalf. The applicant’s solicitor sent in the application form which was received by the tribunal on [ ], some eight months after the incident. The tribunal acknowledged receipt of the application form by letter dated [ ]. The tribunal asked the applicant’s solicitor to furnish certain documentation and explained that the garda report would be forwarded when it was received. The tribunal received no response to this letter.

3. On [ ] the tribunal forwarded the garda report to the applicant’s solicitor. The tribunal received no response.

4. On [ ] the tribunal wrote to the applicant’s solicitor asking if the applicant wished to pursue his application and requesting that certain documentation be sent in if the application was proceeding.

5. By letter dated [ ] the applicant’s solicitor told the tribunal that the office had no contact from the applicant however time was sought to ascertain their instructions. The tribunal responded by letter dated [ ] and further enquired as to the reason for the original delay in submitting the application. The tribunal received no response.

6. On [ ] the tribunal wrote to the applicant’s solicitor asking if the application was being pursued and no response was received.

7. Paragraph 11 of the Scheme provides “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.”

8. It is my opinion that all reasonable assistance has not been provided in this matter. The application is incomplete and the applicant has failed to engage with the tribunal in relation to his claim. I make no award in this matter.

Signed: Elizabeth Davey

Date: 30 June 2022