50032 (13 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: 50032

Date of incident: [ ]

Date of application: [ ] (received by the Tribunal on [ ])

Decision outcome: Application refused under paragraph 11 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, the applicant stated that he had suffered injuries in the vicinity of [ ], [ ] as a result of being the victim of an unprovoked assault. The applicant stated that, while alighting from his bus on [ ], at approximately [ ] hours, he was assaulted by two males who subsequently ran off. The applicant received in-hospital medical treatment on the date in question at the [ ], [ ]. He also consulted with his GP and dentist.

3. A report from An Garda Síochána, dated [ ], was on file. The report confirmed the applicant’s account of the incident and further confirmed that no one had been amenable for the assault.

4. The Tribunal entered into correspondence with the applicant following receipt of the application for compensation. On [ ], the Tribunal, referring to previous correspondence dated [ ], requested original receipts and vouching documentation in relation to the applicant’s out of pocket expenses arising from his personal injuries. The letter stated that unless the Tribunal heard from the applicant on or before [ ], the file would be sent to a Member for decision.

5. No response was received from the applicant in response to this correspondence.

6. Paragraph 21 of the Scheme provides as follows:

‘Applications should be made as soon as possible but, except in circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury…’

7. Thus, to comply with the time limit set out in paragraph 21, the application would have needed to have been lodged with the Tribunal no later than by [ ]. In the event, the application was lodged on [ ] and was therefore lodged in accordance with paragraph 21 of the Scheme.

8. The Tribunal was satisfied, on the evidence presented, that the applicant had sustained personal injury as the result of the subject incident which was directly attributable to a crime of violence.

9. 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...’

10. The application form, signed by the applicant, confirmed his acceptance, under Part 10(b)of the application form, that he would provide all reasonable assistance to the Tribunal in the progression of his claim under the Scheme.

11. The applicant has failed to respond to repeated and reasonable requests from the Tribunal for necessary information. This failure has resulted in the Tribunal being unable to progress the claim for compensation.

12. In the event, the Tribunal is satisfied, on the basis of the above, that the applicant has failed to comply with the duty imposed upon him pursuant to paragraph 11 of the Scheme and that, as a result, no compensation can be paid in respect of this application.

13. NA

14. Nil. Application refused under paragraph 11 of the Scheme.

Conor Heaney

Chairperson, Criminal Injuries Compensation Tribunal

13 June 2022