51602 (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: #51602

Date of incident: [ ]

Date of application: [ ]

Decision outcome: No award as failure to give all reasonable assistance under para. 10 (previously 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, signed and dated [ ], the Applicant says that he was assaulted on [ ] in a public house by two men in [ ], [ ]. He suffered a broken elbow and laceration to the back of his head and bruising to his back. He had to get pins and wire in his left arm.

3. A Garda Statement dated [ ] was subsequently received outlining the incident and stating that the injuries were very serious and were apparently caused by [ ]. Two suspects had been arrested and charged and a file sent to the DPP. Directions were awaited and the matter stood adjourned to [ ] District Court on [ ].

4. The Tribunal wrote to the Applicant by letter dated [ ] providing the Garda report and sought further information. No response 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 either.

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 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.”

9. 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.

10. The Applicant was the victim of a crime of violence. Accordingly, I admit the application for consideration under the Scheme.

11. However, the Applicant has not provided all reasonable assistance to the Tribunal in relation to the application. Therefore, no award of compensation under the Scheme is made.

Roderick Maguire

Member, Criminal Injuries Compensation Tribunal

6 September 2022