50946 (16 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: 50946

Date of incident: [ ]

Date of receipt of application: [ ]

Decision outcome: No compensation payable due to a failure to give all reasonable assistance under Article 10 of the Scheme.

1. Mr. [ ] (‘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 [ ] on [ ]. He describes how he was assaulted at the home of his girlfriend by her brother. He described how the assailant broke into the dwelling and assaulted him by striking him on the head, kicking him, and stamping on his left ankle which resulted in a fracture to his left ankle.

3. No medical report was submitted. The applicant claimed a loss of earnings of €4,069.80 up to the date of the application form, and states that his loss of earnings was ongoing. He stated that he had incurred a cost of €360 for hospital treatment. An invoice in this amount was submitted, but no receipt was submitted. No vouchers regarding any loss of earnings were submitted.

4. No Garda Report was supplied to the Tribunal.

Article 10 – obligation to give all reasonable assistance to the Tribunal

5. The Tribunal wrote to the applicant’s solicitor on [ ], seeking further information from the applicant and also confirmation by [ ] that he wished to proceed with the application. There was no response to this correspondence.

6. 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.

7. I therefore decline to make any award.

Elizabeth Maguire

Criminal Injuries Compensation Tribunal

16 June 2022