51500 (9 October 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: 51500

Date of incident: [ ]

Date of application: [ ]

Decision outcome: The application is 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, submitted by [ ], Solicitors, on the [ ], under the original Scheme, it was stated that the Applicant was assaulted at [ ] pub, [ ] on the night in question. It states that the Applicant suffered a fractured jaw, broken front tooth and had to get stitches to the lip. He attended the A&E at the [ ] Hospital, [ ].

3. A witness statement was made to the Gardaí on the [ ], at [ ] Garda Station. There is a Garda Report on file from Garda [ ], dated the [ ]. The injured party has no criminal record, and no proceedings were taken against the assailant.

4. No out-of-pocket expenses were submitted.

5. The Applicant brought this application within three months of the alleged crime and is therefore within the time limit for bringing such a claim.

6. The Applicant has not provided any out-of-pocket expenses.

7. The Tribunal wrote to the Applicant’s Solicitors on the [ ], seeking further information in relation to his claim. No response was received.

8. Further correspondence was sent to the Applicant’s Solicitor, on the [ ], asking whether the Applicant was pursuing his claim.

9. On the [ ], [ ] Solicitors replied and stated that they pulled the file from the archive, but they did not have any instructions from the Applicant. They suggested that the Applicant be contacted directly.

10. The Tribunal then wrote to the Applicant, directly, on the [ ], asking him to reply, in writing, by the [ ], if he intended pursuing his claim. No reply has been received.

11. The Applicant has failed to provide the Tribunal with any update in relation to the queries raised in correspondence.

12. Paragraph 11 of the original scheme states that ‘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’.

13. The Applicant, in this case, has, unfortunately, not provided any reasonable assistance to the Tribunal in terms of updating the Tribunal regarding out-of-pocket expenses, nor has he indicated whether he wishes to continue his claim, despite the Tribunal’s queries in this respect. In the circumstances, the Tribunal finds that no compensation is allowable in this case.

14. Based on the failure on the part of the Applicant to provide reasonable assistance to the Tribunal, the Tribunal cannot award compensation in this case.

Majella Twomey

Criminal Injuries Compensation Tribunal

9 October 2022