51570 (6 September 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: #51570

Date of incident: [ ]

Date of application: [ ]

Decision outcome: Not admitted under the Scheme as failure to comply with para. 22 (previously para. 23).

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, signed and dated [ ], the Applicant says that he and [ ] were victims of an assault and that he suffered a cut under his right eye and damage to the root of a tooth as well as broken pair of glasses.

3. The Tribunal acknowledged the application. A letter from Garda [ ] dated [ ] indicated that the assault occurred when the Applicant was driving past [ ] and his car was hit by [ ]. He got out of his car and tried to usher youths off the road when a scuffle broke out. The Applicant suffered a cut under his right eye. The Applicant was not able to point out the culprit and declined to make any complaint. Enquiries by the Gardai failed to positively identify the culprit.

4. The report was sent to the Applicant on [ ], referring to the provisions of Para. 23 of the Scheme (now Para. 22) stating that it seemed that the Applicant had declined to make any complaint. No reply was received to this letter.

5. A further letter was sent to the Applicant dated [ ], asking if the Applicant still wished to pursue the application, and if so asking for the relevant documentation. No reply was received to this letter.

6. The Scheme provides at paragraph 1 that it applies to situations where:

“the injury is directly attributable to a crime of violence…”

7. I am satisfied that the applicant has established, on the balance of probabilities, that he was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence.

8. However, the Scheme provides at paragraph 22 (previously para. 23) as follows:

“To qualify for compensation it will be necessary to indicate to the Tribunal that the offence giving rise to injury has been the subject of criminal proceedings or that it was reported without delay to the Gardaí or to the Garda Síochána Ombudsman Commission (GSOC) in any case where the crime is alleged to have been carried out by a member of An Garda Síochána. However, the Tribunal will have discretion to dispense with this requirement where they are satisfied that all reasonable efforts were made by or on behalf of the claimant to notify the Garda Síochána or the GSOC as the case may be, of the offence and to cooperate with them.”

9. From the Garda correspondence, I am not satisfied that the Applicant reported the incident to the Gardai and cooperated fully with them as required. Therefore, I do not admit the Application for consideration.

10. The Scheme provides at paragraph 10 (previously para. 11) as follows:

“10. 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.”

11. From the foregoing lack of reply to the letter from the Tribunal, I am not satisfied that the applicant has given all reasonable assistance to the Tribunal.

12. The Applicant has established that he was the victim of a crime of violence. However, he did not fully cooperate with the Gardai as required and failed to make a complaint. Accordingly, I do not admit the application for consideration under the Scheme.

13. Further, the Applicant has not provided all reasonable assistance to the Tribunal in relation to the application. Therefore, no award of compensation under the Scheme would be made if the application were admitted.

Roderick Maguire

Member, Criminal Injuries Compensation Tribunal

6 September 2022