50051 (26 August 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: #50051

Date of incident: [ ]

Date of application: [ ] (Received by the Tribunal [ ])

Decision outcome: Nil.

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 form, the applicant stated that he had suffered injury as a result of being assaulted at [ ] Public House, [ ], [ ] on [ ]. On this date, at approximately 9.30pm, the applicant was on a bus when he was approached by another passenger who asked the applicant for tablets. The applicant did not know the passenger in question – but knew the male passenger she was with – and he told her he had no tablets to give her. The applicant alighted the bus, convenient to The [ ] Bar, and as he was walking along the street he was assaulted. He described being ‘belted’ about the head and slashed across the face several times.

3. The applicant received in-patient treatment at the [ ] Hospital, [ ] and subsequently attended for treatment with his GP.

4. In his application form, the applicant claimed for damage to his clothing and travelling expenses.

5. The file contained a statement of Garda [ ], the investigating officer. He identified [ ] as the offender and confirmed that this person was convicted, on [ ], of a section 3 assault on the applicant. No compensation was paid.

6. The applicant’s solicitors were written to by the Tribunal to request information in respect of the applicant’s previous convictions. No response to the correspondence having been received, on [ ], the Tribunal wrote to the applicant to advise that unless the outstanding information was provided on or before [ ], the file would be sent to a Member for decision.

7. No response to the letter was received by the Tribunal from the applicant or his solicitor in respect of this correspondence.

8. The applicant’s application for compensation was received by the Tribunal on [ ].

9. Paragraph 21 of the Scheme states:

‘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.’

10. As can be seen, the application was required to have been made to the Tribunal by the applicant promptly and not less than three months from the date of the incident. A claim that is submitted outside the three-month time limit can only be admitted to the Scheme if the Tribunal considers that the circumstances which resulted in the late submission of the application justify exceptional treatment.

11. In this instance, the application form ought to have been lodged with the Tribunal no later than by [ ]. The application, having been lodged in accordance with paragraph 21, was accordingly admitted for consideration under the Scheme.

12. 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.

13. 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...’

14. 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.

15. 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.

16. 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.

17. NA.

18. NA.

19. NA.

Conor Heaney

Chairperson, Criminal Injuries Compensation Tribunal

26 August 2022